TMI Blog2009 (7) TMI 1326X X X X Extracts X X X X X X X X Extracts X X X X ..... JUDGEMENT ADARSH KUMAR GOEL, J. (Oral) 1. The appellant is aggrieved by order of the learned Single Judge dismissing the writ petition against the order of detention dated 5.3.2004 under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 ( for short, the Act ). 2. Writ petition challenging the said order was filed on 13.8.2007 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sued to the petitioner proposing to arrest him. Thereafter, the matter of preventive detention of the petitioner was taken up on a proposal from the DRI. The petitioner was arrested by the custom officials on 30.9.2003 and was produced before the Court of Additional Chief Metropolitan Magistrate, Ahmedabad. Thereafter, the impugned order of detention was passed, which was never executed. 3. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was further held that in absence of order dated 5.3.2004 and any material to indicate as to what happened after 4.6.2004, when the petitioner was declared a proclaimed offender, it was improper to quash the order which was not on record. Reliance was placed on the judgment of the Supreme Court in Surrender Singh v. Central Government and others, AIR 1986 SC 2166. 6. We have heard learned couns ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Supreme Court in Rajinder Arora V. Union of India [2006] 4 SCC 796, order of detention was quashed. Reliance has also been made on the judgment of the Hon'ble Suprme Court in Alpesh Navinchandra Shah v. State of Maharashtra (SC) 2007(2) R.C.R.(Crl.) 180. Reliance has also been placed on the judgment of this Court in Adishwar Jain v. Union of India and another [2006] 2 R.C.R.(Criminal) 561 hol ..... X X X X Extracts X X X X X X X X Extracts X X X X
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