9911796707
TMI Blog2008 (8) TMI 988X X X X Extracts X X X X X X X X Extracts X X X X ..... ned by this writ petition, is/are the same incident(s) that involved another person viz. Shahroz Jakir Hussain Malik (hereinafter referred to as "the co-detenu" for the sake of brevity). The present petitioner Saeed Zakir Hussain Malik is the brother of the co-detenu. This very petitioner, Saeed Zakir Hussain Malik, had filed Criminal Writ Petition No. 455 of 2008 impugning the detention order dated 14th November 2006 that was issued against the co-detenu, upon whom the detention order so issued, was served on 1st February 2008. Only one ground was raised in the said Cri.W.P. No. 455/08 viz. an inordinate delay was caused in the execution of detention order, inasmuch as the aforesaid detention order dated 14th November 2006 was served on th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e detention order. Thus, in the present petition also identical questions are raised by the petitioner as were raised in the aforesaid Criminal Writ Petition No. 455 of 2008 which are:- (i) Whether the detaining authority as also the executing authority have explained properly and/or satisfactorily and/or justifiably the delay that has occurred in execution of the detention order ? (ii) Whether simplicitor on account of the delay that has occurred in execution of the detention order, the detention order is liable to be quashed and set aside and consequently the detenu is liable to be set free ? 5. The legal aspects of these questions have been dealt with by us, as aforesaid, by our judgment dated 14th August 2008 delivered in the afor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... u was not found. 19.4.2007-Requisite notification was issued u/s. 7(1)(b) of the COFEPOSA Act; 20.4.2007-Attempt was made to execute the order of detention by visiting the premises of the detenu, however, the detenu was not found; 10.5.2007-A report was accordingly sent to the Home Department that in spite of aforesaid notification the detenu did not respond, nor was he otherwise traceable. 1.2.2008-On the receipt of secret intelligence certain persons were apprehended and brought to the office of DRI, when, on enquiry, it transpired that one of them was the detenu. Another person was the co-detenu. The detention order with grounds and annexures was thereupon served on the detenu as also the co-detenu. 6. The aforesaid chronology w ..... X X X X Extracts X X X X X X X X Extracts X X X X
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