JAI SINGH SEKHON, J. - (1.) THOUGH this writ petition for habeas corpus, the detenu challenges the order of detention dated 16.5.1989 (Annexure P-1) passed by Shri A. K. Batabyal, Joint Secretary to Government of India under Section 3 (1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (as amended), hereinafter called the Act. with a view of preventing him from smuggling goods and engaging in transporting and concealing smuggled good. The order of detention along with the grounds of detention Annexure P-1/A were served upon the detenu on 22-6-1989.
(2.) A brief resume of facts figuring in the grounds of detention is that the Customs Preventive Staff of Amritsar on the basis of secret information started keeping surveillance on the movements of the petitioner. On 30-1-1989 the petitioner landed at the Rajasansi Airport from Afghan Airlines flight. Before the Customs official, the petitioner declared that he was not carrying any gold etc. Thereafter, on suspicion, personal search of the detenu was conducted by the Assistant Collector, Customs, Amritsar, but nothing was recovered. The Metal Detector, however, gave positive response when applied on the rectum region. The Customs authorities accordingly took the detenu outside the airport and on exhaustive interrogation, the detenu got recovered nine concealed gold biscuits bearing foreign markings from his rectum. The gold biscuits were got examined from two gold dealers of Amritsar, who found the same to be 24 carats with purity of 999.0. The detenu was apprehended and the gold was seized as the detenu possessed no legal documents regarding its importation/acquisition/possession/transportation. On further interrogation by the Superintendent Customs, Amritsar, the detenu admitted about the recovery of nine gold biscuits of foreign origin from his rectum. The detenu further disclosed that five gold biscuits belonged to Gurbax Singh of Amritsar while the four biscuits belonged to him. The detenu also admitted having brought gold biscuits on three occasion earlier in the year 1988, after concealing the same in the rectum and that Gurbax Singh used to pay Rs. 3000/- per trip for bringing gold biscuits. The detenu also admitted that Tejinder Singh arranged the foreign exchange in U. S. Dollars from his relation settled in Afghanistan. The detenu was released on bail by the learned Additional Session Judge, Amritsar on 4-3-1989. The above-referred Tejinder Singh and Gurbax Singh contradicted this version of the detenu. In view of the above referred prejudicial activities, the detaining authority has passed the impugned order with a view to prevent the petitioner from smuggling goods and engaging in transporting and concealing smuggled goods. The petitioner challenges the order of detention, inter alia on the ground of lack of nexus between the last prejudicial activity of the detenu and the passing of the detention order besides the delay of 44 days in disposing of his representation.
(3.) ON notice, Shri Kuldip Singh, Under Secretary to the Government of India, Ministry of Finance, Department of Revenue has filed the return on behalf of the respondent Union of India, contending that there was no delay in passing the detention order as the petitioner was released on bail on 4.3.1989 and the detention order passed on 16-5-1989. The delay in serving the detention order upon the detenu was explained on the ground of his absconding. It was also maintained that the representation dated 22.7.1989 filed by the petitioner was promptly disposed of under the circumstances of the case after obtaining the comments of the sponsoring authority and thereafter rejected on 4-9-1989, i.e., within a period of less than two months.;