Stale preventive detention order quashed where unexplained five-year non-execution made continued enforcement unjustified.

A preventive detention order under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 was quashed because it remained unexecuted for about five years despite being stated to operate for one year, and no satisfactory explanation was given for the delay. The HC held that an unexecuted detention order cannot be justified when it has become stale through unexplained inaction. The impugned order was set aside, while liberty was preserved for the authorities to pass a fresh order if warranted.

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Issues: Whether a preventive detention order passed several years earlier, and not executed with any satisfactory explanation for the delay, was liable to be quashed.

Analysis: The detention order was made under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. The order had remained unexecuted for about five years, although it was stated to be for a period of one year. No satisfactory explanation was furnished for the non-execution. In such circumstances, and in light of the authorities relied upon, the continued existence of the unexecuted detention order could not be justified.

Conclusion: The detention order was liable to be quashed.

Final Conclusion: The impugned detention order was set aside, while liberty was preserved for the authorities to pass a fresh order if warranted.

Ratio Decidendi: A preventive detention order that remains unexecuted for a substantial period without satisfactory explanation becomes liable to be quashed as stale.

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