GAYUR AHMED Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS order shall dispose of Criminal Writ Petitions No. 371, 396 and 494 of 1994. The facts are taken from Cr.W.P. No. 371 of 1994.

(2.) ALL these three writ petitions have been filed under Article 226 of the Constitution of India, read with Section 482, Code of Criminal Procedure, for quashing of detention order (Annexure P-1 to the writ petitions) passed against the petitioners under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, (in short, the 1974 Act).

(3.) LEARNED counsel for the petitioners contended that delay of 11 months, in the case of two petitioners and delay of 13 months, in the case of remaining one petitioner, in executing the order of detention is not only inordinate and unreasonable one, but also stands unexplained. According to the counsel, order of detention deserves to be set aside on this ground alone. Mr. Bhanot, DAG Punjab, appearing for respondent No. 1, has contended that petitioners were playing hide and seek with the police and intentionally evading the execution of detention order and thus, cannot be allowed to take advantage of their own wrong.