1985 (2) TMI 145

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..... nt him from abetting smuggling of goods namely wrist watches and integrated circuits. He challenges his detention and continued detention on diverse grounds. In the view we are going to take, that it is sufficient to mention only one of those grounds. This ground" is that the detention becomes void and vitiated, inter alia, on account of non-compliance with -the mandatory provisions of sub-section (2) of Section 3 of the aforesaid Act. 2. The relevant facts, for the above contention are these. The Administrator of the Union Territory of Delhi, agreeing with the proposal to preventively detail the petitioner under the aforesaid Act passed an order to the effect that he be so detained, on November 23, 1984. The formal order duly authenticat .....

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..... tests this proposition. His first contention is that the making of the order contemplated by section 3(2) of the Act, is really with regard to the order which formally comes into existence after the Administrator accepts the proposal for detention and agrees to the detention of a person; We cannot accept this contention. The drawing up a formal order is something quite different from making of an order. The making of the order and drawing up a formal order cannot be regarded as one and the same thing. A reading of Section 3(1) and Section 12A of the Act would be of some advantage. Section 3(1) lays down the purposes for which and the circumstances in which alone the Central Government or the State Government of an Officer may make an order. .....

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..... t case, the Administrator, to communicate it or report to the Central Government about the making of the order. If an order is to be reported within 10 days of the drawing up of the formal order, we do not see why like in some other enactments, the word forthwith was not used. Necessarily drawing up an order takes time and that is why time allowed by the Legislature. On a perusal of the record, we find that though the formal order was drawn up on December 1, in this case, the grounds of detention etc. for service are made ready with translations by 5th December and on that date the report was also made to the Central Government. Therefore, the officers of the Administration are aware of the provisions of Section 3(2) of the Act and are co .....

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