9911796707
TMI Blog1995 (6) TMI 202X X X X Extracts X X X X X X X X Extracts X X X X ..... ave the baggage tag ticket for the said box. On the information given by him that the box belonged to his relative H.K. Shamshudeen (detenu) the card board box was opened in his presence and it was found that it continued 10 gold biscuits concealed at the bottom of the box. Statement was recorded from Shanavas to the effect that he carried the card board box at the instance of the detenue who is his brother-in-law's brother. Detenu stated that the gold under seizure was purchased by him and he concealed it and gave the same to his relative. On 13-5-1989 the detenu was arrested. Later he was released on bail. Though on 22-5-1989 the residence of Shanavas and detenu were searched, it did not yield any result. On 8-8-1989 detention order w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed or considered by the detaining authority Government Pleader pointed out that in fact they were placed before the authority. It is contended that they are not documents relied on in issuing the detention order and only documents relied on for issuing the detention order alone need be supplied to the detenue along with the grounds of detention. It is further contended that the bail application and the petition for the release of the passport originated from the detenue and so he is supposed to know of its contents and hence it cannot be said that any prejudice has been caused to the detenu in the matter of non-furnishing the aforesaid documents along with the grounds of detention. 5. In para 4 of the Original Petition it is stated that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f detention stated by the detaining authority and the very purpose of detention. It is contended that as the purpose of detention is the prevention of smuggling activities, live and proximate link must always be there in justification of the preventive detention and if it is not there justification for detention cannot be there. 7. Government Pleader contended that all along the detenu was absconding and despite best efforts he could not be traced and hence the delaying tactics adopted by him cannot be used to his advantage. In the petition it is stated that the detenu married the petitioner on 19-7-1992 at the Muslim Association Hall, Nandavanan, Trivandrum and hundreds of people attended the marriage function. If this allegation is t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ution. Section 7(1)(a) of the Act postulates that the provisions of Sections 82, 83, 84 and 85 of the Cr. P. C. shall apply in respect of the person of the detenu and his property as if the order directing that he be detained was a warrant issued by the Magistrate. Section 82 of the Cr. P. C. provides for the procedure for proclamation regarding an absconding person. It states that if any Court has reason to believe (whether after taking evidence or not) that any person against whom a warrant has been issued by it has absconded or is concealing himself so that such warrant cannot be executed, the Court may publish a written proclamation requiring him to appear at a specified place and at a specified time not less than thirty days from the d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es and as also there is no acceptable material to hold that he had gone abroad, the only conclusion possible is that there is no cogent explanation as to the delay in executing the order of detention. In view of the wide gap of 5 years and 3 months between the order of detention and the arrest, it is not possible to hold that there exists genuine apprehension that the detenu is likely to continue in the smuggling activities. We are not satisfied that this is a case where further detention of the detenu is necessary. Exts. P-l and P-3 are quashed. Petitioner's husband (detenu) is ordered to be released from custody unless required to be detained for any other cause. 11. Original Petition stands allowed. - - TaxTMI - TMITax - Indi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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