1988 (7) TMI 256

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....: Pendse, J] . - The Secretary to the Government of Maharashtra, Home Department, by order dated April 11, 1988 passed in exercise of powers under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 directed detention of the petitioner with a view to preventing him from smuggling goods. The order was served on April 16, 1988 and grounds of deten....

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....anded him over the air-conditioner for being forwarded an unaccompanied baggage to Bombay. Aziz Zaveri was also desirous of sending some goods to Bombay and promised that those goods would be packed with the air-conditioner. On the strength of the statement of the detenu, Aziz Zaveri was also contacted and searched but nothing incriminating was found. On the strength of this material, the detainin....

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....gold bars the detenu was arrested. The detenu was released on bail by the Metropolitan Magistrate. Now, the impugned order was passed on April 11,1988 that is after about ten months, and though it is true that the delay ipso facto is not fatal to the order of detention, it is necessary that the detaining authority must give reasonable explanation for such delay. The detaining authority has filed r....