DROUPADHI DEVI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THIS writ petition has been filed for the issue of a writ of habeas corpus directing the first respondent to produce the body of satishchandra Gupta, now detained under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as the Act), at Central Prison, Madras, before this court and set him at liberty.

(2.) THE impugned order of detention has been made by the first respondent in exercise of the powers conferred under Section 3 (1 ) (iv) of the Act with a view to preventing the detenu from dealing in smuggled goods otherwise than by engaging in transporting or concealing of keeping smuggled goods.

(3.) THAT apart, there is absolutely no whisper about the delay that had occasioned between the date of the order of detention and the date of arrest. It is not the case of the respondents that the detenu was absconding and, therefore, the order of detention could not be executed. Even if it is so, steps ought to have been taken as provided under the Act. Therefore, we are not satisfied with the explanation offered by the respondents for the delay.