1995 Supreme(Raj) 771
RAJASTHAN HIGH COURT
N.L.Tibrewal, Y.R.Meena, JJ.
Sawai Singh - Appellant
Versus
State of Raj. & Ors. - Respondent
D.B. Habeas Corpus Petition No. 5326 of 94.
Decided On : 14-03-1995
A detention order must be based on genuine satisfaction of the detaining authority, and there must be no unreasonable delay in passing the order. Genuine efforts must be made to arrest the detenu.
Headnote:
CUSTOMS ACT, 1962 - SECTION 111 - DETENTION ORDER - DELAY IN PASSING ORDER - NO GENUINE EFFORTS TO ARREST DETENU - DETENTION ORDER QUASHED.
Fact of the Case:
The detenu, Jalam Singh, was arrested under Section 135 of the Customs Act, 1962, for his alleged involvement in the smuggling of silver. A detention order was passed against him on 19.5.1992, but he was not arrested until 7.9.1994. The detenu challenged the detention order on the grounds that there was no material to pass the order, that the delay in passing the order was unreasonable, and that no genuine efforts were made to arrest him.
Finding of the Court:
The court found that the detaining authority did not have genuine satisfaction in the detention of the detenu, as evidenced by the casual and cursory manner in which the detention order was passed. The court also found that the delay in passing the order was unreasonable and that no genuine efforts were made to arrest the detenu.
Issues: 1. Whether there was material to pass the detention order against the detenu? 2. Whether the delay in passing the detention order was reasonable? 3. Whether genuine efforts were made to arrest the detenu?
Ratio Decidendi: The court held that the detention order was not valid because: 1. The detaining authority did not have genuine satisfaction in the detention of the detenu. 2. The delay in passing the order was unreasonable. 3. No genuine efforts were made to arrest the detenu.
Final Decision: The court quashed the detention order and directed the respondents to release the detenu forthwith.
JUDGMENT
1. - By this habeas corpus petition, the detenu has challenged the detention order dated 19.5.1992 (Ann. 1) and prayed that the detention order Ann. 1 be quashed and detenu Jalam Singh be released. The detenu Jalam Singh is a resident of Village Khabdala, Tehsil Shiv, District Banner.
2. On 2.10.91, a Jonga bearing registration No. RJ-19C- 0841 was stopped by Customs Authorities near the outskirts of Shiv township. Jonga was at that time being driven by one Khushal Singh. The vehicle was taken to police station and on search, 531 ingots of silver weighing about 590 kgs. was found. The Customs Authorities suspected that it was smuggled silver and confiscated the same U/s. Ill of the Customs Act, 1962. The detenu claimed that he has been falsely implicated by one Doongar Singh and Imam Khan, who are indulged in the smuggling activities. The concerned Jonga jeep was driven by one Khushal Singh, who has made false statement against detenu. Similarly, one Sawai Singh son of Khem Singh also gave statement under section 108 of the Customs Act implicating the detenu. Consequently, the detenu was arrested under section 135 of the Customs Act and on his arrest, his false statement has been recorded wherein he had allegedly confessed his part in smuggling the silver. On arrest of Khushal Singh, driver of detenu, they applied for bail. The bail application was rejected. The third accused Sawai Singh was granted anticipatory bail by the Sessions Judge, Jaipur City, Jaipur. On release of Jalam Singh, Sawai Singh has sent a letter to Customs Collector stating therein that detenu (Jalam Singh) has nothing to do with the alleged smuggling of silver. He had not given any statement under section 108 of the Customs Act. He had no connection or concern with the Jonga Jeep No. RJ-19-C- 0841. On 14.8.94, the detenu was admitted in the Trinity Hospital, Jodhpur. He remained there upto 6.9.94. During his stay in the hospital, he came to know about the impugned detention order which had been passed against him and on 6.9.94, he sent a telegram to Chairman, Advisory Board about his intention to surrender before the Customs Department at Jodhpur on 7.9.94. On that date, he has surrendered before the Customs Authorities.
3. He has challenged the detention order on the ground that there was no material to pass detention order against him. There is no recovery of smuggled goods or any contraband articles from the house of detenu.
4. The statement of Khushal Singh recorded under section 108 of the Customs Act was retracted by Khushal Singh. The grounds of detention are vague.
5. The impugned seizure was effected on 2.10.91 and detention order has been passed on 19.5.92. The delay is more than six months, therefore, the detention order has no nexus with the seizure. The detention order was passed on 19.5.92 and the same was served on 7.9.94 i.e. after 27 months. The copy of bail application and order on that application has not been supplied to the detenu along with the detention order.
6. The detention order of Khushal Singh has already been set aside by this Court and detention order of Sawai Singh has been set aside by the Advisory Board itself.
7. The perusal of grounds of appeal show that detention order Ann. 1 has been passed by the detaining authority only on the ground that on 2.10.91, silver weighing about 590 kgs. was smuggled from Pakistan to India in Jonga Jeep bearing No. RJ-19-C-84T and the detenu is the main person behind this smuggling activity. The statement of Khushal Singh, who was driving the jeep at the time of seizure of silver, recorded under section 108 of the Customs Act is the main basis for connecting the detenu with the seized silver. Though the house of the detenu was searched, no contraband articles were found.
8. Mr. Bajwa, learned counsel for the detenu has submitted that the detaining authority has not applied his mind as the entire material relied upon has not been placed before the detaining authority. This allegation of t
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