2016 (11) TMI 1394

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.... be presently resident of Dubai, represented by a person claiming to be his father and holder of his power of attorney. 2. Heard the petitioner's learned counsel and the learned State Attorney on behalf of the State Government, the detaining authority which issued the impugned order for detention of the person who is arrayed as the petitioner. 3. Petitioner's learned counsel made reference to different relevant dates and argued that the impugned order for detention cannot be further enforced and it is liable to be annulled for one or more among the five grounds enumerated by the Apex Court in Additional Secretary to the Government of India and others v. Alka Subhash Gadia and another [1992 Supp (1) SCC 496]. In particular, he refe....

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....e detention order could be scuttled by the proposed detenu either by concealing himself or by absconding from the process of law. This is among the rationale behind the introduction of Section 7 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, "COFEPOSA Act", for short, as it now stands; as enunciated by Their Lordships through the Dave-II (supra). 7. We also have to bear in mind the word of 'caution', sounded through the judgment in Dave-II (supra) that every Judge of constitutional courts vested with the authority to adjudicate the legality of any State action challenged on the ground that such action is inconsistent with civil liberties guaranteed under the Constitution, must always keep ....

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....t, on the basis of the materials which the sponsoring authority relied upon. 9. The 'live link connectivity theory', from the date of last prejudicial activity to the date of detention or to the date of passing of the detention order, may be relevant in some cases. But, in matters where it is predominantly apparent that the activity attributed to the petitioner involves multi-national efforts across the frontiers of the Nation, it cannot be easily said that the live link is lost merely because of the passage of time or the non-availability of the person within the Indian jurisdiction. 10. As already noted, the fact that the petitioner is out of India, may itself be the reason for the delay in executing the detention order. The cou....