TMI Blog1988 (8) TMI 278X X X X Extracts X X X X X X X X Extracts X X X X ..... overnment of Maharashtra, Home Department, by order dated March 16, 1988 passed in exercise of powers under sub-section (1) of Section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, directed detention of Mukhamed Husain Muhammed Shafi under the Act with a view to prevent him from smuggling goods. The order of detention was served on May 2, 1988 and the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ndition that the detenu would come back after ten days. On this material the detaining authority came to the conclusion that it is necessary to pass order of detention under the Act in order to prevent the detenu from indulging in prejudicial activities in future. The order of detention is under challenge at the behest of mother of the detenu. 2. Shri Khan, learned counsel appearing on behalf of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r 7, 1987. The proposal along with the documents were forwarded to the Government on February 1,1988 and thereafter the order was issued on March 16, 1988. From the bare perusal of paragraph 7 of the return, it is clear that the detaining authority has failed to explain the considerable delay in passing the order of detention. We enquired from the learned Public Prosecutor, who appeared on behalf ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oposal made to the detaining authority. Now, the copy of this proposal is not furnished to the detenu and so it is not known what are the contents of the proposal. There was no other material before the detaining authority to warrant conclusion that the detenu was frequent visitor. It is, therefore, obvious that the detaining authority has taken into consideration certain facts which were not plac ..... X X X X Extracts X X X X X X X X Extracts X X X X
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