MANJIT SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Manjit Singh, petitioner has challenged his detention order dated 28th February, 1990 passed by Shri Mahendra Prasad, Joint Secretary to the Government of India under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (as amended), 1974 (hereinafter called COFEPOSA).

(2.) Petitioner has assailed the impugned order of detention passed on 28th February, 1990, primarily on three counts namely; (1) That the detention order passed on 28th February, 1990 remained unexecuted for a period of more than 10 years, thus the basis of preventive detention has been defeated by not serving the order of detention for such a tong time; (2) The Foreign Exchange Regulatory Authorities (in short FERA) failed to file the challan till date which shows that there was no material avail- able involving the petitioner; and finally (3) Whether the grounds which were available as on 28th February, 1990, are still available to the Government of India when the order of arresting the petitioner dated 28th March, 2000 was passed? It is the case of the petitioner that tong delay in serving the detention order makes the order without any legal authority. It further show that the same has been passed in a mechanical way.

(3.) Brief facts of the case which led to the passing of the impugned order can be summarised as under.