MANDAKATHINGAL ABDULLA Vs. JOINT SECRETARY TO THE GOVT OF INDIA MINISTRY OF FINANCE DEPT OF REVENUE NEW

JUDGEMENT

(1.) THE Court is constrained to quash and set aside the order of detention solely on the ground of negligence and indifference on the part of the Detaining Authority in this case. Despite an opportunity having been granted to respondents vide Order dated 20th June 1989 by this Court, the Detaining Authority has not come forward with any return nor the record was made available to the Court for its perusal to consider as to whether the delay occasioned in passing the impugned order of detention is justified.

(2.) THE petitioner claims to be a next friend of one Mohamed Abas - the detenu (hereinafter referred to as 'the detenu'), who came to be detained pursuant to the order of detention dated 14th october 1988 under S. 3 (1) of the Conservation of Foreign Exchange and Prevention of smuggling Activities Act, 1974 passed by the 1st respondent. The order of detention and the grounds of detention were furnished to the detenu on 14th October 1988.

(3.) IT is not necessary to set our in detail the grounds of detention. Suffice it to state few dates which will disclose how casually the order of detention has been passed in this case.