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1990 (4) TMI 56 - SC - CustomsWrit of habeas corpus against detention orders - Held that:- The Finance Minister considered and rejected the representation on 1-11-1988 and the file was received in the office and on 2-11-1988 and on the same day, a memorandum rejecting the representation was sent to the detenu. From the explanation it can be seen that the representation was considered most expeditiously and there is no "negligence or callous inaction or avoidable red-tapism" It can be seen that on the mere delay in arresting the detenu pursuant to the order of detention the subjective satisfaction of the detaining authority cannot be held to be not genuine. Each case depends on its own facts and circumstances. The Court has to see whether the delay is explained reasonably. As mentioned above, in the instant cae, we are satisfied with the explanation for the delay in arresting the detenu. Therefore this contention is also liable to be rejected. For all the above-mentioned reasons, the appeal is dismissed.
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