Preventive detention quashing upheld where custody was already undergone and customs complaint remained pending.

Interference with a High Court order quashing preventive detention under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 was found unwarranted where the detenue had already remained in custody for a few months, had been released, and a statutory complaint under the Customs Act, 1962 was pending adjudication. In those circumstances, the Court found no compelling basis to disturb the impugned judgment at that stage and declined interference.

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Issues: Whether interference was warranted with the High Court's order quashing the detention order passed under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974.

Analysis: The detention order had been quashed by the High Court. The detenue had remained in custody for a couple of months and had thereafter been released. A statutory complaint under the Customs Act, 1962 had already been instituted and was pending adjudication. In these circumstances, and considering the period already undergone in custody, no compelling basis was made out for interference at that stage.

Conclusion: No interference was called for with the impugned judgment.

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