JUDGMENT

Talwant Singh, J. The writ petition has been filed by the petitioner challenging the order of detention dated 30th December, 2015at the post-detention stage on the following grounds:

(i) As per the petitioner, there has been a hopeless delay in the execution of the detention order as he had surrendered before a Court at Vishakhapatnam on 9th September, 2019 and this information was immediately conveyed to DRI, Detaining Authority and Commissioner of Police, Delhi. He remained in custody for a period of more than two months and was released on 11th November, 2019. During this period, no order of detention was executed.

(ii) It has been further submitted that original order of detention is not traceable and it was imperative that the original order ought to have been served on the petitioner.

(iii) Further ground taken by the petitionerchallenging the detention order is that while issuing the impugned detention order, reliance was placed on the previous detention orders and the said reliance has vitiated the impugned detention order.

(iv) Moreover, this detention order has been issued in the teeth of the submission made by counsel for DRI before the Hon'ble Court in Writ Petition (Crl.) No.1898/2015, that no coercive action would be taken against the petitioner.

(v) Another ground taken by the petitioner is that there was a delay of about 14 months between the alleged prejudicial activity and passing of the detention order.

(vi) There is a gross variance in the subjective satisfaction mentioned in the impugned detention order and the grounds of detention and it has led to confusion in the mind of the detenue and deprived him of making an effective representation against his detention.

(vii) The vital and relevant material/documents were not placed before the Detaining Authority, consequently, those documents were not considered by the Authorityand copies were not supplied to the petitioner. There was gross non-application of mind by the Detaining Authority and the order was passed at the instance of the Sponsoring Authority (DRI).

(viii) Request of the petitioner for supply of documents made through representation dated 20th February, 2020 was rejected in mechanical manner on 6th March, 2020.

(ix) The prayer of the petitioner for his temporary release under Section 12 of CONSERVATION OF FOREIGN EXCHANGE AND PREVENTION OF SMUGGLING ACTIVITIES ACT (hereinafter referred to as "COFEPOSA Act") in view of the pandemic was also rejected on extraneous grounds.

2. The brief history as mentioned in the writ petition is that the petitioner was arrested by DRI, Kolkata on 23rd July, 2015 in respect to certain enquiries under the Customs Act, 1962 and he was bailed out on 5th August, 2015.The petitioner was again arrested by DRI officers from Delhi Zone on 9th August, 2015 for certain investigations. The petitioner approached this Court by filing Writ Petition (Criminal) No.1898/2015 and as directed, he applied for bail before the learned CMM, New Delhi and he was granted bail on 23rd September, 2015 by that court. The petitioner came to know that a proposal dated 6th October, 2015 was sponsored by DRI officials for his detention under Section 3 (1) of the COFEPOSA Act. The wife of the petitioner approached this Court by filing Writ Petition (Criminal) No.3106/2015, praying for quashing of the proposal of the detention of the petitioner, if any. The said petition was disposed of on 23rd December, 2015 as it was filed at premature stage. Soon thereafter, the impugned detention order dated 30th December, 2015 was issued against the petitioner. It has been submitted that during the pendency of the Writ Petition (Criminal) No.1898/2015 before this Court, DRI had given an oral undertaking that n