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2017 (3) TMI 1070 - HC - CustomsSmuggling of gold - detention of petitioner - time limitation - delay in communication of detention order - Held that: - the detention order cannot be found fault with on the ground that the act perpetrated by the detenue were on foreign land. In respect of the acts which may be considered to establish propensity, it is necessary to look into the scope of Section 3 itself. The authorities were all along aware of the residential address of the detenue, where the detenue alleges to have resided whilst in India. It has been specifically averred in the writ petition that the detenue “was staying at his native place at Bhatkal, Karnataka” and came to know of the detention order only after its publication in a national newspaper on 05.08.2016. There is no reply to this averment. There is a clear delay in the execution of the order which is not satisfactorily explained by the State snapping the live link between the order and the subjective satisfaction arrived at - Thus, we accept the contention of Mr.Pradeep Jain and quash the detention order on this ground. Petition allowed on ground of limitation - decided in favor of petitioner.
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