2008 (2) TMI 875 - HC - Customs

Summary

Issues involved: Challenge to detention order u/s Conservation of Foreign Exchange and Prevention of Smuggling Activities Act.

Summary:
The writ petition was filed by the wife of the detenu challenging the detention order passed by the Detaining Authority. The order of detention was served after the detenu's arrest on 13.8.2007. The grounds of detention were based on a lengthy document comprising 1712 pages with 154 documents. The Detaining Authority had twice ordered detention before finalizing the order. The process involved multiple bureaucratic steps and the Detaining Authority approved the grounds and ordered detention on 16.12.2005. Further material was received on 22.12.2005, and the detention order was issued on 26.12.2005. The Detaining Authority claimed to have considered all documents before issuing the order.

The court observed that the Detaining Authority had limited time to scrutinize the extensive material before issuing the detention order. Citing relevant judgments, the court found that there was a lack of application of mind in the process. Comparisons were made with cases where sufficient time was available for consideration, unlike in this case where the Detaining Authority had less than 12 hours to review 1712 pages of material. Consequently, the court quashed the detention order and directed the release of the detenu.

Judges: B Nazki, S Bobde JJ.