JUDGMENT

M.K. Mukherjee, J.- Pursuant to an order of detention dated July 11, 1990 made by the Secretary, Home and Vigilance Department, Government of Kerala under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as the Act) P.M. Hari Kumar, the petitioner herein, has been kept under detention since July 3, 1994 with a view to preventing him from smuggling goods. Consequent upon a declaration subsequently made on August 1, 1994, by an Additional Secretary (Ministry of Finance, Department of Revenue), Government of India under Section 9(1) of the Act the petitioners detention is to continue for a period of two yeaRs. Assailing the above order and declaration the present petition has been moved on his behalf by his brother-in-law V. Rajan, for a writ of Habeas Corpus.

2. Mr. Sibal, the learned counsel appearing for the petitioner canvassed three grounds in support of the petition. He first contended that the unreasonable and unexplained delay of about four years in executing the order of detention clearly demonstrated that the detaining authority had not properly applied his mind and arrived at a real and