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Detention order under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 challenged on the grounds of inordinate delay in execution. Detailed Analysis: Detention Order and Background: The judgment pertains to a detention order issued under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. The detenu, Raj Kumar Gupta, was directed to be detained and kept in custody to prevent smuggling activities. The detention order was served on Raj Kumar Gupta on 28th March, 1991, along with the grounds of detention and related documents. Subsequently, Raj Kumar Gupta filed a petition challenging his detention under Articles 226 and 227 of the Constitution of India. Facts Leading to Detention: Raj Kumar Gupta was found in possession of smuggled gold bars upon his arrival at Sahar International Airport, Bombay. He admitted to carrying the contraband gold concealed in his shirt pocket. Following an inquiry and customs proceedings, a detention order was issued based on the circumstances surrounding the possession of the smuggled gold. Grounds of Challenge: The petitioner's counsel raised the issue of inordinate delay in executing the detention order as a primary ground for challenging the validity of the detention. It was argued that the delay in execution severed the nexus between the alleged activity and the purpose of detention, rendering the detention order liable to be quashed. Counter-affidavit by Union of India: The Union of India filed a counter-affidavit denying the allegations of undue delay in executing the detention order. The response highlighted the timeline of events leading to the execution of the order, including the failed remand date and subsequent execution by Delhi Police. However, the response lacked specific details regarding the efforts made to execute the order promptly. Judicial Analysis and Precedents: The court analyzed the response by the Union of India and found it vague and lacking in substantial details regarding the execution efforts. Citing precedents, the court emphasized that unexplained delays in executing detention orders cast doubt on the genuineness of the detaining authority's satisfaction. The court referred to previous judgments highlighting the importance of prompt execution in maintaining the link between grounds of detention and the purpose of detention. Judgment: Based on the analysis of the delay in executing the detention order and the lack of satisfactory explanation provided, the court allowed the writ petition. The detention order dated 23rd January, 1991 was quashed, and the petitioner, Raj Kumar Gupta, was ordered to be released forthwith unless required in any other case. This detailed analysis showcases the legal proceedings, arguments presented, responses by the parties involved, judicial scrutiny, and the final judgment concerning the challenge to the detention order based on the issue of delay in execution.
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