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TMI Blog1989 (8) TMI 340X X X X Extracts X X X X X X X X Extracts X X X X ..... aside the judgment of the High Court, quash the impugned order of detention and direct the detenu to set at liberty forthwith. - Criminal Appeal No. 318 of 1989 - - - Dated:- 23-8-1989 - PANDIAN, S.R. AND RAY, B.C. JJ. For the Appellant: R. Sasiprabhu and P.K. Manohar For the Respondent: B. Dutta, Additional Solicitor General, P. Parmeshwaran, Pramod Swarup and T.T. Kunhikannan JUDGMENT S. RATNAVEL PANDIAN, J. This appeal under Article 136 of the Constitution of India is preferred by the appellant, Abdul Rahman questioning the validity and correctness of the order of detention passed by the first Respondent on 7.10.1987, in exercise of the powers conferred by section\ 3(1)(iii) and 3(1)(iv) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (Central Act 52 of 1974) (hereinafter referred to as the Act ) whereby detaining the appellant s brother Sri T.A. Sirajudeen @ Siraj (the detenu herein) with a view to preventing the detenu from engaging in transporting or concealing or keeping smuggled gold or dealing in smuggled gold otherwise than by engaging in transporting or concealing or keeping smuggled gold. Though the im ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 6.400 gms. with 24 carat purity, all to the value of Rs. 1,14,268. The detaining authority taking into consideration of the seizure effected on two occasions and the statement of the detenu admitting his involvement in the prejudicial activities mentioned in the grounds of detention reached its subjective satisfaction of the necessity of passing the impugned order and passed the same on 7.10.1987. The appellant filed a Writ Petition under Article 226 of the Constitution of India for quashing the impugned order of detention, but was not successful. Hence this appeal. Of the several grounds urged in the Special Leave Petition, the learned counsel appearing on behalf of the appellant stressed only the following two contentions seeking to set aside the order of detention. (1) As there is no proximity in time to provide a rational nexus between the alleged prejudicial activity, that is the seizure of the gold biscuits on 30.11.1986 and the passing of the impugned order of detention after 11 months i.e. on 7.10.1987 and as there is no reasonable and satisfactory explanation given by the first Respondent for this undue and unreasonable delay, the order is liable to be quashed on the g ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ersons connected with this case and immediately after completion of the investigation the Customs authorities sponsored the proposal for detention of the detenu by their letter dated 26.8.1987 and that the proposal was screened by the Screening Committee on 11.9.1987 and thereafter the detention order was passed on 7.10.1987. Coming to the delay in securing the detenu by arrest the explanation is given as follows: "The detention order was forwarded to the Malappuram Superintendent of Police for its execution by letter dated 9.10. 1987. The Police executed the order on 18.1. 1988. From the above facts it is clear that there is no delay in passing or executing the order of detention as alleged in the petition for Special Leave to Appeal." There is no denying the fact that the impugned order has been passed after lapse of 11 months from the date of seizure of the eleven gold biscuits from the back courtyard of the house of the detenu. As repeatedly pointed out by this court that there is no hard and fast rule that merely because there is a time lag between the offending acts and the date of order of detention, the causal link must be taken to be snapped and the satisf ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... made as to the future conduct of the detenu and its utility, therefore, lies only in so far as it subserves that purpose and it cannot be allowed to dominate or drawn it. The prejudicial act of the detenu may in a given case be of such a character as to suggest that it is a part of an organised operation of a complex of agencies collaborating to clandestinely and secretly carry on such activities and in such a case the detaining authority may reasonably feel satisfied that the prejudicial act of the detenu which has come to light cannot be a solitary or isolated act, but must be part of a course of conduct of such or similar activities clandestinely or secretly carried on by the detenu and it is, therefore, necessary to detain him with a view to preventing him from indulging in such activities in the future." In Hemlata Kantilal Shah v. State of Maharashtra 1981 4 SCC 647, this Court held: "Delay ipso facto in passing an order of detention is not fatal to the detention of a person, for, in certain cases delay may be unavoidable and reasonable. What is required by law is that the delay must be satisfactorily examined by the detaining authority." See also SK Seraju ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssity for detaining the detenu with a view to preventing him from acting in a prejudicial manner. In the light of the above proposition of law, we shall now examine the first contention which has been raised for the first time before this Court. From the reading of the counter affidavit filed on behalf of the first Respondent, it is seen that the detaining authority has attempted to explain the laxity that has occasioned in passing the impugned order, but miserably failed in explaining the delay of three months in securing the arrest of the detenu from the date of the passing of the order, and keeps stunned silence on that score. The learned counsel appearing for the first respondent when queried by this Court whether he could give any reason for this undue delay in arresting the detenu on 18.1.1988 in pursuance of the impugned order of detention made on 7.10.1987, he has frankly admitted that he could not do so--rightly so in our view--in the absence of any explanation in the counter affidavit. The Superintendent of Police, Malapurram to whom the detention order was forwarded for execution has not filed any supporting affidavit explaining the delay in securing the arrest of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sing that the said representation was received by the third respondent only on 16.2.1988 after a considerable delay of two weeks and thenceforth there was a considerable delay from 16.2.88 to 28.3.88 in receiving the comments of the Collector of Customs, and again there was a delay of 7 days in forwarding the representation to the Minister of State for Revenue with the comments of the Joint Secretary, COFEPOSA Section. The long interval in receipt of the representation and the comments of the Collector of Customs, Cochin indicate the casual and indifferent attitude displayed by the authorities concerned dealing with the representation. In our opinion, the manner in which the representation has been dealt with reveals a sorry state of affair in the matter of consideration of the representation made by the detenu. Further we fail to understand why such a long delay from 16.2.88 to 28.3.88 had occasioned in getting the comments from the Collector of Customs. The only futile explanation now offered by the third respondent is that this delay had occasioned because the Collector of Customs was not able to get a copy of the representation from the Home Department, Kerala and thereafte ..... X X X X Extracts X X X X X X X X Extracts X X X X
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