1990 (4) TMI 67

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....ent of Maharashtra and detaining Authority by Order dated November 30, 1989 passed in exercise of powers conferred under sub-section (1) of Section 3 of Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 directed detention of the petitioner with a view to prevent him from smuggling goods. The order of detention along with the grounds of detention was served on the pe....

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....given by the detenu, incriminating statement was made in respect of commission of offence of importing contraband goods. The passport of the detenu disclosed that the detenu had travelled abroad frequently. On this material, the detaining Authority came to the conclusion that the detenu is a frequent traveller abroad and is likely to continue to smuggle goods and, therefore, it is necessary to pas....

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....detaining Authority had material to indicate that the detenu was a frequent visitor abroad and sounded apprehension that the detenu would indulge in smuggling after release on bail. In spite of this apprehension, the detaining Authority waited for 8½ months to pass the order of detention. The delay on the part of the detaining Authority in exercise of powers is fatal to the sustenance of the dete....

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....ly indicate that there was nothing to investigate, as the detenu was arrested red-handed while smuggling gold. The Panchanama was also prepared on the date of the incident and the bail order passed by the Magistrate was on March 15, 1989. It is difficult to appreciate why the sponsoring Authority had to wait to forward proposal till the filing of complaint before the Magistrate in June 1989. Even ....