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2015 (8) TMI 675 - HC - CustomsDetention orders – Inordinate delay – Petitioner challenges impugned order 2nd respondent directing detenu to be preventively detained with view to prevent him in future from smuggling of goods as well as engaging in transporting and concealing and keeping smuggled goods – Held that:- detention proposal was forwarded to detaining authority on 26th June 2014 and that further generated documents were sent to detaining authority on 14th August 2014 – No explanation in affidavit by sponsoring authority as regards to delay from 26th June 2014 to 14th August 2014, also affidavit was completely silent on effect of ‘further generated documents being forwarded to detaining authority’ – Detaining authority after being subjectively satisfied that there were sufficient reasons to issue detention, finalized same along with grounds of detention on 15th December 2014, about one month apart from earlier delay – There was delay of about 7 months from date of arrest till date of passing of detention order which was not satisfactorily explained – Explanation rendered by respondents was not satisfactory and authorities cannot play with liberty of citizen in such casual manner – As principle of law, unexplained and inordinate delay in passing of detention order would vitiate detention order – Thus, order of detention quashed – Detenu to be released – Decided in favour of petitioner.
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