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2009 (7) TMI 1223 - HC - CustomsDetention of person - territorial jurisdiction - Maintainability of petition - Held that: - even if we are to consider the question of territorial jurisdiction from the standpoint of Article 226 (2) of the Constitution of India, this Court would certainly have jurisdiction to entertain the present writ petition - whether the present case is viewed from the standpoint of Article 226(1) or from the standpoint of Article 226(2), this Court would have territorial jurisdiction to entertain the present writ petition. Validity of detention order - the retraction letter of Kiran Vora dated 28.02.2001 had not been placed/ considered by the detaining authority - case of petitioner is also that the detention order has lost its relevance due to efflux of time - Held that: - the detention order in the present case has lost its relevance through the combined effect of passage of time and lack of any evidence of any prejudicial activity on the part of the proposed detenu (Mukesh Vora) - the fact that this writ petition is maintainable even at the pre-execution stage coupled with the fact that in the passage of over eight years since the passing of the detention order, there is no evidence on record of any prejudicial activity on the part of the proposed detenu Mr Mukesh Vora, in itself is sufficient for us to conclude that the detention order has lost its relevance today. The detention order be cancelled - petition allowed.
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