TMI Blog1990 (4) TMI 173X X X X Extracts X X X X X X X X Extracts X X X X ..... spondent Nos. 3 4. [Oral Judgment per : Pendse, J.]. The Joint Secretary to the Government of India passed Order dated August 3-1-1989, in exercise of powers conferred by Section 3(1) of Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, directing detention of Mohanlal S. Soni with a view to prevent him from acting in any manner prejudicial to the augmen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ail on the same date. On this material, the Detaining Authority came to the conclusion that it is necessary to pass order of detention with a view to prevent the detenu from indulging in activity prejudicial to the augmentation of country s foreign exchange resources. The order of detention is challenged by the wife of the detenu. 2. Mr. Karmali, learned Counsel appearing on behalf of the detenu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e traced. It is claimed that only after the steps were taken to get the bail order cancelled that the detenu submitted to the order. It is not possible to accept the claim made in paragraph 2 of the return. In the first instances, no material is produced to substantiate the claim that though efforts were made to serve the Order of detention, the detenu was not available and was absconding. Secondl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tention order is not correct. In our judgment, as the Order of detention was not served for a considerable length of time, the efficacy of the order is totally lost. The Order of detention is issued with a view to prevent prejudicial activity in the near future and it is not permissible to execute the order after a considerable length of time. In these circumstances, the Order of detention cannot ..... X X X X Extracts X X X X X X X X Extracts X X X X
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