9911796707
TMI Blog1980 (9) TMI 271X X X X Extracts X X X X X X X X Extracts X X X X ..... the petitioner went to the Airport at Bombay and tried to have a bag cleared at the Customs counter with the object of smuggling 19 silver bars having a total weight of 17.5 kgs out of the country through one U. C. Sajindran. The attempt was foiled by reason of the vigilance of the Customs Officer concerned. (b) On the 4th February 1980, 92 silver bars weighing 83 kgs in all and valued at Rs. 2,65,600.00 were recovered from the residence of the petitioner being flat No. 9, Nawroji Mansion, 31, Woodhouse Road, Colaba, Bombay by the Customs authorities. These bars were also meant for being smuggled out of the country. On the 6th June 1980 the petitioner, while in custody, demanded from the Under Secretary above mentioned, through a letter of that date, all relevant "material/statements/documents" to enable him to make an effective representation against his detention. The letter evoked no response till the 3rd of July 1980 before when he received a communication dated 20th June 1980 from the Secretary to the Advisory Board constituted under the Act informing him that if he wanted to make a representation against his detention he must do so "immediately". The petitioner waited for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ansfer to the Bombay Central Prison for court production purpose which was fixed on the 9-7-1980. But the petitioner did not accept the same since he was in hurry to go to Bombay. However, the aforesaid documents were delivered to the petitioner on 11th July 1980 through Bombay Central Prison, Bombay. A copy of the report, dated 23rd July 1980, received from the Superintendent, Nasik Road Central Prison, Nasik is annexed herewith. The reminder, dated 3-7-1980, sent by the petitioner was received in the Home Department on 9-7-1980. As the copies were already forwarded on 4-7-80, no action was taken on the said reminder. I say that the copies of statements and documents were supplied to the detenu with reasonable expedition." The relevant portion of Shri Rege's affidavit may also be extracted: "I say the representation, dated 6th June 1980, which was forwarded by the Home Department on 12th June was received in my Department on 13th June, 1980. The 14th June, 15th June and 22nd June 1980 were holidays being second Saturday, Sunday and Sunday respectively. I say the statements and documents were running into 31 pages. I further say during the same period my Department was busy in pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 11th July 1980 cannot be accepted at its face value. The petitioner was in custody at the Nasik Prison and there was no question of his being "in a hurry to go to Bombay" and it appears that the documents were really withheld from the petitioner right up to the 11th July 1980 for reasons best known to the authorities. As it is, the manner in which the demand for the copies was shuttled from officer to officer and a period of no less than 13 days was taken by the Assistant Collector of Customs to prepare and despatch the copies renders the explanation anything but satisfactory. 4. In the situation above detailed learned counsel for the respondents contended that the petitioner had been supplied with copies of the panchnamas prepared at the time of the seizure of the bag on the 3rd February 1980 and of the recovery of silver from his house on the next day and that the two panchnamas gave the petitioner full notice of the case against him and furnished all the material which he needed to make his representation. The contention is wholly without force inasmuch as numerous statements which were recorded on the two occasions when the goods were seized, including those of U.C. Sajindran ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ated we accept the petition, declare the detention of the petitioner to be illegal and direct his immediate release from custody. KRISHNA IYER, J.-I agree with the reasons, observations and holding of my learned brother in his judgment on behalf of both of us. A brief supplement of my own, for reasons which will be apparent, may not be out of place and so I append my separate, concurring opinion. The law of liberty is often the battle for principles of procedural protection; but 'great principles seldom escape working injustice in particular things'. And when an anti-social element gets away with it, society is the victim of injustice. This grim comment is inevitable in the case before us where the petitioner has been detained without trial and seeks to free himself on the score of breach of basic requirements. My learned brother has explained how the violation, on the strength of the rulings of this court, vitiates the detention. Under our legal system, precedents bind and so, here we obey them and direct release of the detenu. Even so, the facts of the case strongly savour of an economic offender intercepted in his subterranean silver operations and betrayed by his collaborator ..... X X X X Extracts X X X X X X X X Extracts X X X X
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