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TMI Blog2002 (3) TMI 46X X X X Extracts X X X X X X X X Extracts X X X X ..... uarantees as enshrined in Part III of the Constitution. 2.Preventive detention admittedly is an 'invasion of personal liberty' and it is a duty cast on to the law Courts to satisfy itself in regard to the circumstances under which such a preventive detention has been ordered - in the event, however, the same does not conform to the requirements of the concept of justice as is available in the justice delivery system of the country, the law Courts would not shirk of its responsibility to provide relief to the person concerned. The guardian-angel of the Constitution stand poised with a responsibility to zealously act as a watchdog so that injustice does not occur : Let us not be understood to mean however that there ought to be any o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... m and obtained the statements and was subsequently arrested on 25-7-2000 for an offence under Sections 132 and 135 of Customs Act. The principal allegation against the petitioner/detenu being mis-declaration in the Bill of Entry. The petitioner/detenu however was remanded to judicial custody on 26-7-2000. 6.Subsequently, the detenu was enlarged on bail by the learned Additional Chief Metropolitan Magistrate on 11-8-2000. 7.The Department after the completion of investigation issued a show cause notice under Section 124 of the Customs Act, 1962 on 19-9-2000. 8.Significantly, though the incident noticed above took place on 24-7-2000 and other important documents have come into existence immediately thereafter, the detaining authority did n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nce the show cause notice has been issued, there cannot be any manner of doubt that the investigation is complete, but in the contextual facts the detaining authority has failed to apply its mind as regards the issue of unreasonable delay in passing the order of detention. 11.Incidentally, applicability of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act envisages issuance of the detention order upon recording of satisfaction that in the event the detenu is allowed to remain at large, the latter will indulge in such activities and that normal criminal law of the country would not have the desired effect of effectively preventing the detenu from indulging in such activities - it is on this score Mr. Mani submi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on to the issue. Under the circumstances, there thus stands a bounden obligation to place the same before the Detaining Authority for fair play and justice. The sponsoring authority conveniently kept it to itself a very relevant material which could have tilted the scale before the Detaining Authority. Needless to record that the sponsoring authority was able to place the letter from the Special Public Prosecutor regarding the condition of bail relaxation of the detenu, dated 28-2-2001, but failed to place the orders of the Settlement Commission, dated 8-2-2001 and 15-2-2001. Is it a lapse unintended or a deliberate failure? The learned senior advocate appearing for the respondents however hadn't had any answer to the same. The factum ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rson is being placed under detention without trial and there is neither any scope for overzealous nor acting in a manner without due and proper application of mind - in either of the situation law Courts should be able to protect the individual from the administrative ipse dixit. The draconian concept of law has had its departure quite sometime back and rule of law is the order of the day. It is this rule of law which should prompt the law Courts to act in a manner fair and reasonable having due regard to the nature of the offences and vis-a-vis the liberty of the citizens. The order as passed by the Settlement Commission on 15th February, 2001 directing the detenu to make payment of the additional duty as noticed above, cannot but be terme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hmedabad & Ors. [1996 (3) SCC 195]. 16.On the question of representation, the records depict that the same was sent to the President of India on 10th April, 2001 and the same was sent to the Ministry of Finance on August 16, 2001 - some explanation has been put forth, but we need not, however, detain ourselves in dealing with the same since we wish to state that non-placement of relevant materials before the detaining authority by the sponsoring authority is not only a lapse but a serious lapse on the part of the officials resulting in the order of detention to be declared unlawful and illegal and thus resultantly cannot be sustained. 17.In the view as above, the writ petition succeeds. The detention order stands quashed and set aside. V. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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