Judgment

Nanavati, J.-This petition is filed under Article 32 of the Constitution of India challenging the order of detention passed by the Government of Tamil Nadu, on 23.11.98, under Section 3 of the Conser­vation of Foreign Exchange and Preservation of Smuggling Activities Act, 1974. Pursuant to this detention order, the detenu was detained on 28.1.99.

2. It is not necessary to state the facts in detail as this petition deserves to be allowed on the ground that there was undue delay in passing the detention order. The order of detention has been passed as the detenu was found to be smuggling 23 gold biscuits weighing 2679.5 grams into India on 8.12.1997. The detenu admitted his guilt on 8.12.97 itself and again on 19.12.97 when his further statement was recorded. The contention raised by the learned counsel for the petitioner is that even then, the order of detention came to be passed as late as on 23.11.98, that is, after 11 months and 15 days. It was further submitted by him that the satisfaction of the detaining authority regarding the need to immediately detain him with a view to prevent him from continuing the prejudicial activity was therefore not genuine. He further submitt