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2020 (2) TMI 1318 - HC - CustomsValidity of Detention Order - Smuggling of Gold - inordinate delay in passing the detention order - COFEPOSA Act - HELD THAT:- In the case on hand, the last and first prejudicial act recorded against the petitioner was in the month of January, 2014 to July, 2015, whereas the detention order is passed on 2.8.2019, which is after a period of four years. As such test of proximity is not mechanical test by merely counting number of months between the offending acts and the order of detention. But, when there is undue delay, than the Court has to scrutinize whether the detaining authority has satisfactorily examined such a delay occurred. No any reasonable explanation is provided by the detaining authority and in absence of reasonable explanation to show that the casual connection has been broken and it was till alive at the time of passing the detention order and then, it is a matter of fact that no any offence is registered against the petitioner either by Custom Department or State or Central Department about prejudicial activities. The detention order stands vitiated on account of inordinate and unexplained delay in passing detention order - the petitioner shall be released forthwith, if he is not required in any other offence - petition allowed.
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