TMI Blog2001 (1) TMI 903X X X X Extracts X X X X X X X X Extracts X X X X ..... order of detention is given effect to, it is open to the respondent to raise all grounds as are permissible in law notwithstanding what we may have observed in the course of this order. - CRIMINAL APPEAL NOS. 122-123 OF 2001 - - - Dated:- 30-1-2001 - S. RAJENDRA BABU AND S.N. VARIAVA, JJ. Mukul Rohatgi, T.V. Ratnam and P. Parmeswaran for the Appellant. K.T.S. Tulsi, Ms. Nandini Ramchandran, Satvik Varma and Devendra Singh for the Respondent. JUDGMENT Rajendra Babu, J. - Leave granted. 2. A writ petition was filed in the High Court of Punjab and Haryana challenging the validity of the order of detention passed against the respondent under section 3(1) of the Conservation of Foreign Exchange and Prevention o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t of a Magistrate at Patiala on 21-6-1997. He was released on bail on 19-8-1997 by the Court of Additional Chief Metropolitan Magistrate, New Delhi. He was granted bail inasmuch as even after 60 days from the date of his arrest no complaint had been filed, but on 9-6-1998 the detention order was passed. 3. The High Court, in the course of its order, took note of the two grounds, firstly, that there has been delay in making the order of detention inasmuch as the said order had been passed on 9-6-1998 but the incident in respect of which the said detention order had been passed is stated to have taken place on 19-6-1997, nearly after about a year, and secondly, that after making the order of detention no effective steps had been taken to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ffected in Delhi after search made on the residential and business premises of the respondent and detention order had been passed in Delhi, though upon the information furnished by the Enforcement Directorate officials at Jalandhar. 6. Shri K.T.S. Tulsi, the learned senior Advocate appearing for the respondent, submitted that considered in the background that the amount recovered either in the shape of Indian currency and foreign currency or the quantum of gold and the enactments such as the Foreign Exchange Regulation Act (FERA) having been repealed, the Foreign Exchange Maintenance Act (FEMA) and Gold Control Act not contemplating prosecution in a criminal court the acts imported to the respondent do not merit detention. He further po ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... entioning of the proceedings before the court was ill-advised, though not deliberate, we do find great force in the other submissions made by the learned Additional Solicitor General. This Court has been categorical that in matters of pre-detention cases interference of court is not called for except in the circumstances set forth by us earlier. If this aspect in borne in mind, the High Court of Punjab and Haryana could not have quashed the order of detention either on the ground of delay in passing the impugned order or delay in executing the said order. For mere delay either in passing the order or execution thereof is not fatal except where the same stands un-explained. In the given circumstances of the case and if there are good reasons ..... X X X X Extracts X X X X X X X X Extracts X X X X
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