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2013 (2) TMI 201 - HC - FEMAOrder of preventive detention - writ to release of the detenue by quashing detention orders - intelligence unit contraband fake noteswere recovered from the baggage carried by the detenue - Held that:- When a passport of the detenu was retained with the Customs department, the likelihood of the detenu indulging in the smuggling activities was foreclosed. Impounding the passport of the detenu was enough to curb the potentiality of the smuggling, and therefore there was no justification to pass order of preventive detention when there was no chance of the detenu travelling to foreign country without passport. As decided in Rekha vs. State of Tamil Nadu [ 2011 (4) TMI 1217 - SUPREME COURT OF INDIA] if the ordinary law of the land (the Penal Code and other penal statutes) can deal with a situation, recourse to a preventive detention law will be illegal. Principle emanating from the frame work of the Constitution of India assuring personal liberty and giving fundamental rights to each citizen of India is that the order of the preventive detention being exceptional measure by way of social defence ought to be used with great deal of care and circumspection. Applying the principle to the case on hand it is concluded that the impugned order of preventive detention passed in the present case is faulty, caution less and unsustainable Preventive detention orders quashed.
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