9911796707
TMI Blog1987 (7) TMI 99X X X X Extracts X X X X X X X X Extracts X X X X ..... t No. W-966202 issued at Delhi on 6th February 1985, was called back by the Customs Officer from the aircraft. He was going to Dubai on British Airways Flight No. BA-146. On checking of his baggage, Rs. 21,40,000/- (Indian currency) were recovered from one of his suit-cases. The money was sized under Section 10 of the Customs Act on the plea that this currency was being exported out of India in violation of the provisions of the Customs Act and Foreign Exchange Regulation Act. Sanjeev Mody is supposed to have given a detailed statement before the concerned authorities wherein the present petitioner was nominated as the person who was to deliver this baggage containing the aforesaid Indian currency to him in the aircraft. He had further st ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... petition was filed on 6th May 1987. 4. Before proceeding further I may notice that in the intimation dated 12th May 1987 the petitioner was informed that they are also sending him copies of certain documents which were, in fact, delivered to the petitioner after hearing the detenu by the Advisory Board on 27th May 1987. 5. The petitioner has attacked the detention order on a variety of grounds. Mr. Harjinder Singh while arguing the petitioner's case urged that the representation dated 13th April 1987 has not been placed before the Advisory Board and thus his right, under Article 22(5) has been violated. He has further contended that the detaining authority has failed to consider his representation before his case was forwarded to the A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g effects :- "that the representation dated 13-4-1987 was forwarded by the jail authorities on 14-4-1987 which was received by the Department of Revenue on 16-4-1987 and since 17th, 18th, l9th April 1987 were government holidays, the representations were received in the COFEPOSA unit on 20-4-1987. On 22-4-1987 the representation was sent to the Collectorate of Customs Delhi for obtaining parawise comments. The comments were received on 5-5-1987. The concerned Officer dealing with the case was on official tour from 3-5-1987 to 11-5-1987 to Madras, where the Advisory Board hearings were being held. However on 8-5-1987 a note incorporating the comments ...ade in the representation and the department's reply thereto were put up by the Under-S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... obtaining parawise comments, leaving the court to guess what the appropriate authority was doing from 20-4-1987 to 22-4-1987. It is possible that the representation of the petitioner needed comments from the sponsoring authority. 1 am of the view that even though there can be no serious challenge to the sending of this representation for comments of the Collectorate of Customs, there is an unexplained delay of two days between 20th and 22nd April 1987. The court is not taken into confidence as to what the appropriate authority was doing during these two days. The court is told that the comments were received on 5th May 1987 and delay thereafter is sought to be explained on the pretext that the concerned officer was away on tour from 3rd of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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