SAEED ZAKIR HUSSAIN MALIK Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This petition once again raises the same issues which have been dealt with not only by this Court but also by the Supreme Court time and again while dealing with the Habeas Corpus petitions filed questioning the sustainability of a detention order. These issues are :-

(2.) It goes without saying that the answers to these issues always depend upon the facts and circumstances of each case and in spite of various decisions of this court and the Supreme court in that regard it is not possible to have a straight-jacket formula for answering the aforesaid issues which are often raised by petitions questioning the detention orders. As we are required to answer these issues in the facts and circumstances of this case, we must set out few facts, relevant enough, to decide these issues and we do so hereunder.

(3.) The detention order is issued in exercise of powers conferred by Section 3(1) of The Conservation of Foreign Exchange and Prevention of Smuggling Activigties Act, 1974 (hereinafter referred to as "the said act" for the sake of brevity) whereby the petitioner Saeed Zakir Hussain Malik has been directed to be detained under the said Act. The detenu was arrested on 21st October 2005 and was enlarged on bail on 11th November 2005. The detention order is dated 14th November 2006 and has been admittedly served on the detenu only on 1st February 2008 i.e after a period of about 14 months.