9911796707
TMI Blog2020 (2) TMI 1366X X X X Extracts X X X X X X X X Extracts X X X X ..... ion of the Learned Government Advocate runs contrary to the facts of the case. Therefore, such a contention cannot be accepted. The Hon ble Supreme Court in the Judgment in the case of Manju Ramesh Nahar v. Union of India and Others [ 1999 (3) TMI 658 - SUPREME COURT] have clearly stated that when the respondents have not furnished the information in detail of any steps to execute the order of preventive detention, the detention itself becomes illegal. That if persons who are responsible for execution of the order sleep over the order and do not execute the same, it would reflect upon the satisfaction of the detaining authority and would be exhibitive of the fact that the immediate necessity of passing that order was wholly artificial o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wed. The further detention of the detenu is held to be illegal. The detenu directed to be released from custody forthwith, if he is not required in any other case/s. - Writ Petition (HC) No. 138 of 2019 - - - Dated:- 6-2-2020 - Ravi Malimath and M.I. Arun, JJ. Shri Anil D. Kaithakkal for Naveen Kumara P., Advocates, for the Petitioner. Shri S.V. Girikumar, Additional Government Advocate, for the Respondent. ORDER The petitioner is the wife of the detenu. They are citizens of India. She is interested in the well being of her husband. That the respondent - State passed an order of preventive detention dated 21-2-2019 in exercise of the powers conferred under Section 3(1)(ii) of the Conservation of Foreign Exchange and P ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... intendent of Police, CID, wherein he has narrated the various steps taken for arresting the detenu. Therefore, the Learned Government Advocate submits that adequate reasons have been assigned to explain the delay. 5. In support of his case, he relies on the Judgment of the Hon ble Supreme Court in the case of Vindo K.Chawla v. Union of India and Others reported in (2006)7 SCO 337 with reference to para-16. Therein the Supreme Court held that where a person himself evades service of the detention order, it is not open for him to contend that in view of the long period which has elapsed between the offending activities and the actual arrest and detention, the vital link had snapped and there was no ground for actually detaining him. Hence, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r mentioned in the order of the reason which rendered compliance therewith impossible and of his whereabouts, be punishable with imprisonment for a term which may extend to one year or with fine or with both. (2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), every offence under clause (b) of sub-section (1) shall be cognizable. Apparently, none of that has been done. The said ground is answered by the Learned Government Advocate to contend that the appropriate Government has not taken a decision as to whether the detenu is absconding or not. We are of the view that such an explanation by the State is unacceptable. After the issuance of an order of preventive detention the detenu requires to b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nglish and Hindi newspapers on 4-10-1997. An application under Section 7(l)(a) of the Act was also moved before the Court of ACMM for initiating proceedings under Section 82 and 83 of Cr.PC. where proclamation was made on 3-12-1997 asking him to appear on 9-1-1998 and an order under Section 83 of Cr.PC was also issued. Therefore, the Hon ble Supreme Court held that the contention with regard to the delay in detaining the detenu cannot be accepted. However, in the instant case, the same has not happened. No effort is made by the State under Section 7 of the COFEPOSA Act. There is no publication or proclamation. Therefore, in the absence of complying with the provisions of Section 7 of the Act, the further detention of the detenu becomes ille ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
