Judgment

S. Saghir Ahmad, J.-Leave granted.

2. The order of detention dated 3-2-1997 passed under Section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activi­ties Act, 1974 (herein­after referred to as the ‘Act’), under which Ramesh Nahar, husband of the appellant was detained, was challenged before the Bombay High Court in a writ petition filed under Article 226 of the Constitution but the petition was dismissed on 23.12.1998. It is this judgment which is challenged in this appeal.

3. We have heard learned counsel for the parties.

Mr. R.K. Jain, learned senior counsel appearing on behalf of the appellant has contended that though the order of detention was passed on 3.2.1997, it was executed after more than a year on 23.4.1998 without there being any explanation for the delay in executing the order. This delay, it is submitted, should be treated to have vitiated the order.

4. Before dealing with the point raised by Mr. R.K. Jain, we may point out that individual liberty is one of the most valuable fundamental rights guaranteed by the Constitution to the citizens of this country. Nearly three decades ago, this Court had pointed out in Motilal Jain v. State of Bi