P O ERNAKULAM Vs. ANNA DANI

JUDGEMENT

(1.) THIS Habeas Corpus petition is filed challenging a detention order issued under section 3 (1) of the Foreign Exchange and Prevention of Smuggling activities Act, 1974 (hereinafter referred to as "the said Act" for the sake of brevity ). The order of detention directs that the detenu-petitioner be detained under the said Act with a view to prevent him in future from smuggling the goods. The order of detention is dated 29th August 2007 and has admittedly been served on the detenu only on 15th November 2007 i. e. after a period of about two and a half months.

(2.) ALONG with the order of detention, the detenu has been served with the grounds of detention and list of documents accompanied by the documents set out therein.

(3.) THE order of detention is impugned only on two grounds. The first ground is obviously that a gross and inordinate delay has been caused in executing the order of detention and the second ground is that there is non application of mind on the part of the detaining authority in issuing the detention order, inasmuch as, there is sharp discrepancy between the grounds of detention accompanying the detention order and the reasons set out in the detention order for detaining the detenu.