N. VASUDEVAN Vs. THE STATE OF TAMIL NADU, REP. BY THE DEPUTY SECRETARY TO GOVT. PUBLIC (S.C.) DEPT, MADRAS AND THE SUPERINTENDENT OF CENTRAL PRISON, MADRAS

JUDGEMENT

(1.) THIS is a writ petition filed under Art. 226 of the Constitution of India, for the issue of a writ of habeas corpus quashing the order of detention passed by the first respondent on 24th August, 1987 under S. 3(1)(i) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, with a view to preventing the detenu from smuggling goods. The petitioner is the father of the detenu.

(2.) MR . Abdul Karim, learned senior counsel for the petitioner, has impugned the order of detention on the only ground that there was an inordinate delay in passing the order of detention.

(3.) AS already pointed out, the incident has taken place on 9th December, 1986 but, the proposal for passing an order of detention has been received by the first respondent only on 27th May, 1987 after a delay of 5 months and 15 days. No explanation has been offered or attempted to be offered for this delay. Even after the proposal was received on 27th May, 1987 it has taken three months for the first respondent to pass the impugned order of detention. They have written to the Customs Department on 9th July, 1987 asking for the copy of the letter sent by the detenu and the reply of the Customs department has shown that it was a mistake. The Government has, thereafter, waited for the copy of the show cause notice and the reply sent by the detenu. They were received only on 20th August, 1987. There was absolutely no necessity for the first respondent to wait for the copy of the show cause notice or for the reply thereto by the detenu and hence this delay of another three months for the first respondent to pass the order of detention is not satisfactorily explained.