LATIEF LONE Vs. STATE

JUDGEMENT

(1.) QUASHMENT of pre-execution detention orders is permissible only in rare cases where facts and circumstances are such which do not call for invading the liberty of a person. It is in the same background instant petition appears to have been preferred.

(2.) IN the grounds of detention it is stated that the petitioner is a chronic and habitual timber smuggler and often indulges in the illicit trade of timber smuggling. His such activities have been projected to be highly detrimental to environment and forest wealth. He is shown to have committed forest theft regarding which as many as five cases have been registered and last such case has been registered on 25.6.2010. Order of detention has been passed on 14.9.2011. Petition has been filed on 31st December, 2011. Initially order of detention was not stayed but then was stayed on 24.4.2012.

(3.) NON execution of order of detention also reflects upon the satisfaction of the detaining authority about his decision to pass the order of detention. The respondents have not tendered any explanation so as to justify the delay in execution of the detention order. It shall be quite relevant to quote para 8 of the judgment rendered by Hon'ble Apex Court in case titled Manju Ramesh Nahar etc. V. Union of India & ors (AIR 1999 SC 2622):