2011 (3) TMI 1700 - HC - Customs

Unjustified Delay in Detention Order Execution

The detention order under Section 3 of COFEPOSA Act was delayed for 10 months and 10 days, despite the detenue being in custody. The court found the delay ... - Issues involved: Delay in executing detention order u/s 3 of COFEPOSA Act, 1974, unreasonable delay, necessity of detention, legality of detention order.Summary:1. The detention order was passed under Section 3 of COFEPOSA Act on 15.01.2010 but served on the detenue on 25.11.2010, after a delay of 10 months and 10 days. The detenue was arrested on 05.02.2010 and had been in jail since then. Despite being in custody, the detention order was not served until a writ petition was filed. The petitioner argued that the delay was punitive, not preventive. 2. The respondents requested time to file an additional affidavit to explain the delay but failed to do so. No explanation was provided for the delay in executing the detention order despite the detenue being in custody since 05.02.2010, known to the detaining authority.3. The counter-affidavit revealed that the detaining authority was aware of the detenue's arrest on 04.02.2010. Various authorities were informed to execute the detention order, but it was not served due to legal proceedings and the detenue being in custody.4. The delay of 10 months and 10 days in executing the detention order was deemed unreasonable. The detenue being in custody was not a valid reason for the delay. The Supreme Court precedent highlighted the importance of timely execution of detention orders to prevent prejudicial activities.5. Following the Supreme Court decision, the detention order was set aside, and the detenue was directed to be released unless required in another case. The bail bond previously granted was canceled, and the writ petition was allowed with no costs imposed.