New Delhi: An Intelligence Bureau (IB) officer detained in relation to a case of smuggling of gold at Goa Airport in 2014 has been released after the Delhi High Court held his detention to be against the law considering there was a delay of nine months in his detention after the issuance of the order.
The order of detention -issued in March 2015- was not executed till the detenue surrendered himself before the Goa Police in December last year.
The Delhi High Court held that delay in execution of the detention order and non-supply of material relied upon showed that there was no genuine satisfaction on the part of the detaining authority regarding the necessity of immediately detaining the person.
The court was hearing a petition filed by the wife of the IB officer (the detenue) seeking quashing of the order of detention.
Advocate Pradeep Jain, appearing for the detenue, said that the order was not executed even after the officer had surrendered himself. The court noted that the customs department had relied heavily on CDs and the CCTV footage and was bound to show the entire contents of the same to the detenue as a matter of right under Article 22(2) of the Constitution.
As per the petition, the detenue joined the Indian Navy as a sailor in July 1993 and retired in 2008. He then joined the IB and was posted at the Goa Airport. In July 2014, when the detenue was on duty as wing in-charge in the Immigration Department, an incident of arrest of four persons on the allegation of smuggling of 19.4 kg of gold was reported. On August 2, 2014, the detenue was summoned for an inquiry with regard to the incident. His statement was recorded denying any knowledge with regard to the smuggling.
19/06/16 Akanksha Jain/The Hindu
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The order of detention -issued in March 2015- was not executed till the detenue surrendered himself before the Goa Police in December last year.
The Delhi High Court held that delay in execution of the detention order and non-supply of material relied upon showed that there was no genuine satisfaction on the part of the detaining authority regarding the necessity of immediately detaining the person.
The court was hearing a petition filed by the wife of the IB officer (the detenue) seeking quashing of the order of detention.
Advocate Pradeep Jain, appearing for the detenue, said that the order was not executed even after the officer had surrendered himself. The court noted that the customs department had relied heavily on CDs and the CCTV footage and was bound to show the entire contents of the same to the detenue as a matter of right under Article 22(2) of the Constitution.
As per the petition, the detenue joined the Indian Navy as a sailor in July 1993 and retired in 2008. He then joined the IB and was posted at the Goa Airport. In July 2014, when the detenue was on duty as wing in-charge in the Immigration Department, an incident of arrest of four persons on the allegation of smuggling of 19.4 kg of gold was reported. On August 2, 2014, the detenue was summoned for an inquiry with regard to the incident. His statement was recorded denying any knowledge with regard to the smuggling.
19/06/16 Akanksha Jain/The Hindu
