9911796707
TMI Blog1986 (11) TMI 271X X X X Extracts X X X X X X X X Extracts X X X X ..... ervation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 ( COFEPOSA ACT ). 2. Ram Dass Chauhan, a Sweeper employed at the Delhi Airport in Air India, was detained on 12th April, 1986 in pursuance of the above order and the grounds of detention were served on him on the 13th April, 1986. The detention was the result of an incidient on the 14/15th July, 1985 at the Delhi Airport when some gold biscuits of foreign origin were recovered from one Daya Ram, also a Sweeper in Air India. The grounds of detention broadly were that the detenu, who was travelling by Air India Flight 301 from Hong Kong to Bombay with a stop over at Delhi, had handed over an air sickness bag to Daya Ram. The allegation of the authorities was that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h, 1986. Moreover, the service of the grounds of detention and the actual detention took place almost one month after passing of the detention order. There has thus been, according to the petitioner, an undue delay in the detention which is not satisfactory explained. (ii) The second contention of the petitioner is that the detenu made a representation on the 27th May, 1986 requesting the detaining authority to supply him with copies of a number of documents. Two sets of these documents have been specifically mentioned and relied upon by the detaining authority while ordering the detention. The first of these are the application made by Parminder Singh for grant of anticipatory bail and the order thereon which though mentioned as Items 24 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ehalf of the detenu that the detention order should be set aside on the above two grounds has to be accepted. There can be no doubt there has been undue delay in passing the order of detention and that effective representation has also been denied to the detenu by the non-supply of the two sets of documents referred to above. In this context we must mention that on the same day i.e. 12th March, 1986, a detention order was also passed against Daya Ram on the basis of similar grounds of detention. Daya Ram filed the Criminal Writ Petition No. 179/86 which was disposed of by this court on 21st July, 1986. In the writ petition filed by Daya Ram identical contentions regarding delay as well as the non-supply of material documents had been urged ..... X X X X Extracts X X X X X X X X Extracts X X X X
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