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IN THE HIGH COURT OF DELHI AT NEW DELHI
SURESH KUMAR KAIT, MANOJ JAIN
Fazila Sayyed – Appellant
Versus
Union Of India – Respondent
| Table of Content |
|---|
| 1. challenging detention order based on historical context. (Para 1 , 3 , 6 , 8 , 12 , 13 , 15 , 18) |
| 2. contentions raised against detention order legality. (Para 19 , 20 , 21 , 24 , 25) |
| 3. court's assessment of arguments against delay in execution. (Para 22 , 27 , 29 , 31 , 43 , 51) |
| 4. detention order analysis in light of legal precedents. (Para 45 , 54) |
| 5. dismissal of writ petition based on findings. (Para 55 , 56 , 57) |
JUDGMENT :
1. A Detention order[Under Section 3(1) of the Conservation of Foreign Exchange & Prevention of Smuggling Activities Act 1974 (in short COFEPOSA)] against Sayyed Hussain Madar @ Chand (since deceased) was passed way back on 02.05.2005 and the present writ petition has been filed by his widow praying therein that such detention order be quashed.
3. Directorate of Revenue Intelligence (DRI) had information that one sea-faring vessel would be entering into Indian customs waters carrying approximately 700 metric tonnes of smuggled diesel oil of foreign origin, which would be offloaded in several barges and then would be carried to coast. Pursuant thereto, on 21.12.2004, DRI officials spotted vessel by the name of M.T. AL SHAHABA which was found ca
Legal detention orders remain valid despite execution delays caused by the evasion conduct of the detained individual.
Illegally smuggling of gold - Detention order confirmed - Interim order not to execute order of detention was obtained and lapse of time live link was snapped - No live link between prejudicial activ....
Unexplained delays in executing detention orders undermine their validity, establishing the need for a timely link between grounds for detention and execution.
The non-supply of documents along with the detention order violates the detenu's constitutional right to make an effective representation under Article 22(5) of the Constitution, and no proceedings c....
The validity of preventive detention under the COFEPOSA Act was upheld, confirming that procedural compliance and sufficient grounds for detention were established by the authorities.
Point of Law : Law cannot be subverted, particularly in the area of personal liberty in order to prevent a smuggler from securing his release from detention, because whatever is the law laid down by ....
Detention orders are upheld when procedural safeguards are followed, and the detaining authority establishes a reasonable belief of the detainee's involvement in smuggling activities and potential re....
Point of law : Period of detention would come to an end in a couple of days, since it is our constitutionally entrusted duty to safeguard the rule of law, more so, in a matter involving personal libe....
Preventive detention under COFEPOSA is valid if based on substantial material indicating a person's ongoing propensity to engage in smuggling, notwithstanding allegations of procedural errors.
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