Raspati Ghale vs Union Of India And Anr.
1991 Latest Caselaw 656 Del

Citation : 1991 Latest Caselaw 656 Del
Judgement Date : 21 October, 1991

Delhi High Court

Raspati Ghale vs Union Of India And Anr. on 21 October, 1991

Equivalent citations: 1991 (3) Crimes 856, 1992 (22) DRJ 136

Bench: S Jain

JUDGMENT

(1) As far as the Union of India is concerned there is no delay in the matter and it was proceeded expeditionly. As per the affidavit filed on behalf of the respondent there is delay of 26 days on the part of the sponsoring authority in furnishing the comments to the detaining authority and this delay remains unexplained. It cannot be denied that the customs is a department of the Government of India and if there is delay on the part of the functionary, it would be binding upon the Government and they cannot take shelter by saying that it is a separate department.

(2) It is not disputed that the office of the sponsoring authority is located at Delhi. Delay of 26 days has not been explained. Relying upon the decision of S.K. Jahangir Cw 100/91 dated 14th May, 1991 (HC Delhi) this unexplained delay in furnishing comments is sufficient for quashing the detention order and to hold that the detention order cannot be sustained. Detenu was ordered to be released forthwith.