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1991 Supreme(SC) 575

S.R.PANDIAN, R.M.SAHAI
Julia Jose Mavely – Appellant
Versus
Union Of India – Respondent


JUDGMENT

The detenue, namely, Mrs. Julia Jose Mavely, who is now lodged in the Central Prison, Thiruvananthapuram, has filed this petition under Art. 32 of the Constitution of India challenging the validity of the order of detention passed by the second respondent, the State of Kerala in exercise of powers conferred by Ss. 3(1)(i) and 3(i)(iii) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as the Act) directing the petitioner/detenue to be detained and kept in custody in the above said prison with a view to preventing the detenue from smuggling goods and engaging in transporting or concealing or keeping smuggled goods. The period of detention has been fixed for one year as per the order dated 16-1-1991 with effect from 27-10-90. As the facts of the case which necessitated the detaining authority to pass this detention order are well set out in the grounds of detention, we think that it is not necessary for us to reiterate the same. Challenging the validity of the order, the learned counsel appearing on behalf of the petitioner/detenue pressed only one contention that there has been undue and unexplained delay in di















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