9911796707
TMI Blog1990 (4) TMI 67X X X X Extracts X X X X X X X X Extracts X X X X ..... ovember 30, 1989 passed in exercise of powers conferred under sub-section (1) of Section 3 of Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 directed detention of the petitioner with a view to prevent him from smuggling goods. The order of detention along with the grounds of detention was served on the petitioner only on January 12, 1990. The Grounds of detenti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... espect of commission of offence of importing contraband goods. The passport of the detenu disclosed that the detenu had travelled abroad frequently. On this material, the detaining Authority came to the conclusion that the detenu is a frequent traveller abroad and is likely to continue to smuggle goods and, therefore, it is necessary to pass order of detention to prevent the detenu from indulging ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nu was a frequent visitor abroad and sounded apprehension that the detenu would indulge in smuggling after release on bail. In spite of this apprehension, the detaining Authority waited for 8½ months to pass the order of detention. The delay on the part of the detaining Authority in exercise of powers is fatal to the sustenance of the detention order. The detaining Authority has filed return aff ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... detenu was arrested red-handed while smuggling gold. The Panchanama was also prepared on the date of the incident and the bail order passed by the Magistrate was on March 15, 1989. It is difficult to appreciate why the sponsoring Authority had to wait to forward proposal till the filing of complaint before the Magistrate in June 1989. Even otherwise, there is no valid explanation as to why the det ..... X X X X Extracts X X X X X X X X Extracts X X X X
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