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2016 (2) TMI 203 - HC - Indian LawsValidity of detention under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (“COFEPOSA" for short) - delay in passing the detention order - Held that:- On the ground of delay, we are satisfied that the order of detention is vitiated by an enormous and unexplained delay. This Court and the Hon’ble Supreme Court on a number of occasions have criticized the approach of the Sponsoring Authorities and especially of the Detaining Authorities. If these authorities are indeed sincere about apprehending smugglers, checking smuggling and taking further steps to prevent its perpetuation, then they ought to have paid heed to the repeated warnings of the country’s highest Court. Instead, we are deeply troubled to see absolutely no change in their approach. The time consumed for scrutiny, evaluation and a detailed analysis of proposals received from the Sponsoring Authority should not be so much as would enable the live link to be snapped, the credible chain broken and the very purpose of the detention proposed itself defeated. After the detenu was enlarged on bail on 1st April 2015, if the detaining authority on receipt of the proposal on 15th April 2015 does not issue the detention order till 17th July 2015, then we have no alternative but to record our satisfaction that there is indeed a long and unexplained delay sufficient to conclude that the live link is snapped. Court will examine the types of grounds given for detention and consider whether such grounds could really weight with an office several months later in forming a subjective satisfaction as to the necessity for preventive detention. This, in our view, is the very principle being invoked when we speak of ‘the live link being snapped’. This is the causality implicit in our use of the phrase ‘credible chain’. The detaining authority is required, as a matter of Constitutional law, to ensure that the live link is not snapped, the credible chain not broken. It is in these circumstances, while reminding the Detaining Authority as also the Sponsoring Authority of their duties and responsibilities, we have no other alternative but to quash and set aside the detention order as admittedly it is vitiated by a delay of three months and four days. Thus The detention order is quashed and set aside.
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