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Issues Involved:
The legality and validity of the detention order passed by the State of Karnataka under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act 1974. 1. Contentions Raised in the Appeal: The appellant challenged the order of detention based on a solitary incident, undue delay in serving the order, and insufficiency of materials before the detaining authority. - The High Court dismissed the Writ Petition rejecting all contentions, leading to the appeal. - The delay of over five months in executing the detention order was deemed unreasonable and unexplained by the appellant's counsel. - The High Court's acceptance of the explanation for the delay was contested, highlighting the lack of sufficient cause for inaction under Section 7 of the Act. - The appellant's appearance before the Assistant Collector of Customs in Bombay during the alleged search period was not acted upon, indicating lack of genuine effort by arresting officers. - The absence of supporting documents or affidavits to substantiate claims in the counter further weakened the case for sustaining the detention order. 2. Additional Grounds Raised in the Writ Petition: The detenu's request for forwarding his representation to the Central Government, failure to follow normal criminal process, and lack of information from the Union of India regarding instructions on detention orders for smuggled goods valued under Rs. 1 lakh. - Both State and Central Governments refuted the additional grounds in their counter affidavits. - Scrutiny of the additional grounds was to follow examination of the contentions raised in the appeal to determine if High Court's order warranted interference. Conclusion: The Supreme Court allowed the appeal, setting aside the High Court's order and quashing the detention order due to the undue and unreasonable delay in securing and detaining the appellant. The lack of a 'live and proximate link' between the grounds of detention and the purpose of detention led to the decision to set the detenu at liberty forthwith. No further order was deemed necessary in the Writ Petition due to the decision in the appeal.
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