Delhi Court September 1992 Judgments
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Shah Badal Vs. Union of India
Court: Delhi
Decided on: Sep-01-1992
Reported in: 1992(3)Crimes684; 1992(24)DRJ611
Usha Mehra, J.(1) The Cofeposa unit of the Government of India as well as the President Secretariat both are situated in New Delhi. To my mind, it could not have taken more than a day's time whereas it took almost five days for the representation to travel from the President Secretariat to the Cofeposa unit. Even though 4th and 5th Jannuary, 1992 being 'holidays. Still there is no Explanationn for the rest of the delay. The matter did not rest here.(2) Merely rotating the file from one department to another and shuffling the same from one table of an officer to another table of the officer does not mean explaining the delay nor can be called a sufficient Explanationn for the delay in disposal of the representation. In fact the Constitution case a duty on the State to consider the representation expeditiously until a final decision is arrived at and communicated to the detenu.(3) With these observations I allow the writ petition and make the rule absolute and declare the detention bad i...
Will Lemback Vs. Rajan Mathur
Court: Delhi
Decided on: Sep-01-1992
Reported in: 1993CriLJ365; 1992(3)Crimes692; 1993(41)ECC85; 1992RLR483
Mohd. Shamim, J.(1) This is a petition under section 482 of the Cr. P.C. to quash the complaint/proceedings u/S 132 & 135 of the Customs Act, 1962 pending before Shri K.C. Lohia, Additional Cjm, New Delhi against the petitioner. (2) Brief facts are that the petitioner came to India on 21.2.1991 and reported at the Customs Hall at Igi Airport, New Delhi for Customs clearance for leaving for Frankfurt via Hong Kong. He was asked according to the complaint at the airport as to whether he was carrying any contraband to which he replied in negative. On search of his person and baggage 6 gold biscuits weighing 347 grams Along with Us $ 31,552 were recovered. It led to the arrest of the petitioner by the officers of the Customs Deptt. Later on he was produced before the Acmm, New Delhi who remanded him to judicial custody. The petitioner was released on bail on the same day i.e. on 21.2.1991. Subsequently, the respondent No. 1 filed a complaint against the petitioner u/S 132 & 135 of the Cust...
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