2017 (11) TMI 162

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....on filed by Mrs. Shabnam Arora, seeking quashing of a detention order dated 10th October 2016 whereby her husband, Mr. Raju Arora, was detained under Section 3 (1) of Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 ("COFEPOSA Act") with a view to prevent him from smuggling goods in future. 3. In the first round, by a detailed judgment dated 28th June 2017, a Division Bench of this Court dismissed the Petitioner"s earlier writ petition being W.P.(Crl.) No.643/2017. The Special Leave Petition filed by the Petitioner against said judgment being SLP (Crl.) No. 5874/2017 was dismissed by the Supreme Court on 18th August 2017. 4. It appears that after the dismissal of the SLP, a representation dated 6th Sep....

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.... than 39 days in executing the detention order". Although the detention order is dated 10th October 2016, it was served on Mr. Raju Arora only on 18th November 2016 and, therefore, "there is no live connection or proximity between the activity alleged and activity sought to be curbed due to lapse of considerable time". In para 6 of the affidavit, it is stated that after the judgment dated 8th September 2017 of the learned ACMM, "the Petitioner became aware of the fact that there was absolutely no effort on the part of the detaining authority to personally serve the detention order dated 10th October, 2016....." 7. Apart from the above two grounds, it is sought to be urged by learned counsel for the Petitioner that the representation made....