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Issues: Whether the detention order under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 was vitiated by unexplained and inordinate delay, resulting in snapping of the live link between the alleged prejudicial activity and the need for preventive detention.
Analysis: The material placed before the Court showed that the detenu was arrested in May 2014, the detention proposal was forwarded in June 2014, but the detention order was issued only in December 2014. The explanations offered by the sponsoring authority and the detaining authority were found to be inconsistent and unsatisfactory. The Court held that the delay in processing the proposal and seeking additional information lacked a reasonable and acceptable explanation. In preventive detention matters, the order must be proximate to the prejudicial activity, and the authority must show a satisfactory explanation for any long delay so that the live link is not broken.
Conclusion: The detention order was vitiated by unexplained and unreasonable delay and was liable to be quashed in favour of the petitioner.
Final Conclusion: The writ petition succeeded, the detention order was set aside, and the detenu was directed to be released forthwith if not required in any other case.
Ratio Decidendi: In preventive detention under COFEPOSA, an order passed after an undue and unexplained delay is invalid where the authority fails to furnish a reasonable explanation and the live link between the prejudicial activity and detention is snapped.
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