TMI Blog2020 (2) TMI 1318X X X X Extracts X X X X X X X X Extracts X X X X ..... y 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. - R/Special Civil Application No. 18938 of 2019 With Civil Application (For Temporary Bail) No. 1 of 2019 - - - Dated:- 27-2- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... kad i.e. you have admitted that during the period from January, 2014 to July 2015, 185 kgs of Gold valued at ₹ 52.35 crores was smuggled into India which was financed by you and Shri Mehul Bhimani and that they had received their share of the profits from the sale of the smuggled gold. These facts were also confirmed by Shri Mehul Bhimani in his Statement recorded on 29/6/2019. 4. According to the materials placed before the detaining authority, the petitioner and other co-detenue Mr. Mehul Bhimani have financed smuggling of gold into India and the petitioner conspired with his associates and smuggled about 185 kgs gold valued at ₹ 52.35 crore. At this juncture, it is relevant and important to reproduce the judgment of the H ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ich is over four years later. On this ground alone, this writ petition is allowed. The detenue be released immediately. 6. Having heard learned counsel for the parties as well as having perused the paper book this Court finds that the impugned detention order is based upon an alleged admission by the petitioner that he had financed smuggling of 185 Kgs. of gold valued at ₹ 52.35 crores between January, 2014 and July, 2015. The relevant portion of the impugned detention order is reproduced hereinbelow:- You i.e. Shri Mehul Rasikbhai Bhimani have abetted in smuggling of gold as admitted by you that you along with Shri Jitendra Rokad had invested money with Shri Rutugna Trivedi which was used for financing smuggling of gold into I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 and therefore, in view of decision rendered in case of T.A. Abdul Rehman v/s. State of Kerala reported in (1989) 4 SCC 741, wherein the Hon'ble Apex Court, in para 10, has pointed out as under: 10. The conspectus of the above decisions can be summarised thus : The question whether the prejudicial activities of a person necessitating to pass an order of detention is pr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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