1993 (1) TMI 303 - HC - FEMA

Summary

Issues involved:
The issues involved in this case include the detention order passed against the petitioner, the grounds of detention, delay in passing the detention order, lack of response to petitioner's clarification requests, and the challenge to the detention order based on these grounds.

Detention Order and Grounds of Detention:
The petitioner sought a Writ of Habeas Corpus to quash the detention order and grounds of detention dated 17.9.1992. The grounds of detention included details of a search conducted on March 15, 1992, where smuggled items were recovered, implicating the petitioner in smuggling activities along with other individuals. The petitioner denied involvement and claimed no connection with the premises where the recovery was made.

Delay in Passing Detention Order:
The petitioner argued that the six-month delay in passing the detention order raised doubts about the genuineness of the Detaining Authority's satisfaction. Citing legal precedents, the delay was considered significant, impacting the nexus between the prejudicial activity and the detention order, suggesting a punitive rather than preventive nature of the order.

Lack of Response to Clarification Requests:
The petitioner had requested clarification and details from the Detaining Authorities to make an effective representation against the detention, but received no response. This lack of reply interfered with the petitioner's right to a fair representation and deprived him of the opportunity to challenge the allegations effectively.

Judgment and Conclusion:
The Court found that the delay in passing the detention order was unexplained and cast doubt on the Detaining Authority's subjective satisfaction. The failure to respond to the petitioner's requests for clarification further hindered his ability to challenge the detention effectively. The Court allowed the petition, holding the detention order to be bad in law and quashed it, ordering the petitioner's immediate release.