The court reaffirmed that unexplained delays in preventive detention orders can sever the essential link between the alleged activities and the need for detention.

1. This writ petition has been filed by the petitioner, challenging the detention of his father by name Mustafa Ahmed Ali Merchant under the provisions of COFEPOSA Act . The detention order was issued under the COFEPOSA Act on 16th Feb. 1996 by respondent No. 1 who was, at that time, Principal Secretary to the Government of Maharashtra, Home Department (Preventive Detention) and Detaining Authority. The said order of detention is annexed to this petition as Annexure "A". The respondent No. l had also formulated the grounds of detention dated 16th Feb. 1996 which are annexed as Annexure "B" to this petition. Consequent to the said order of detention, the detenu was detained by 29th of Feb. 1996. At the time of his detention the detenu was served with the grounds of detention along with the order of detention and the documents and material relied on by the detaining authority. The initial order of detention was for a period of one year and the same was extended by further period of one year by .virtue of the declaration made under S.9(1) of the COFEPOSA Act on 25th March, 1996 which is annexed as Annexure "D" and the order of confirmation dated 1st June, 1996 issued under clause (f) of S.8 of the said Act, and annexed as Annexure "E" to the petition.

2. The brief facts leading to the detention of the detenu are as follows: -
Pursuant to the intelligence report, the D.R.I. Officer kept surveillance on the detenu who was to travel by Cathey Pacific flight No. CX - 750 scheduled to depart at about 5.05 hrs on 29-81995 to Hongkong from Sahar Airport; Mumbai. The Officer of the D.R.I. intercepted the detenu after he had cleared himself through the customs and security checks and was in the security lounge. Although on inquiry the detenu denied that he was carrying any diamonds, on subsequent questioning the detenu admitted that he was carrying diamonds in his rectum and, therefore, the Officers brought the detenu to the D.R.I. Office at Colaba. From the baggage 750 US dollars were found and the detenu voluntarily ejected two packets containing diamonds. In one packet there was a slip containing the figures 650.17 and in - the other packet there was a slip containing the figures 651.81. They were seized under the panchanama along with the 750 US dollars. The statement of the detenu was recorded on 29th and 30th August, 1995 in which he admitted that he was working as a carrier of one Dhanubhai for a consideration of Rs. 50001 - per trip. The air ticket was bought by one Madanlal on 28-8 - 1995 and handed over to him. He further admitted that two packets were inserted in the rectum of the detenu by Madanlal who also gave him 550 US dollars as remuneration and 200 US dollars for expenses. In addition, Rs. 2000/- were paid for hotel expenses. The detenu is alleged to have made eight trips during the period between 6-3-1990 and 6-4-1995. His passport also was seized. The detenu was arrested on 30th August, 1995, and produced before the learned Chief Metropolitan Magistrate's Court on 30th August, 1995 and remanded to custody. His earlier bail application was rejected: The investigation was completed and the complaint was filed against the detenu in the Court of Chief Metropolitan Magistrate at Mumbai on 9-10-1995 on which date he came to be released on bail under certain conditions. After the release of the detenu on bail he retracted from his confessional statement given under S.108 of Customs Act to which department filed reply dated 19-10-1995, denying the allegations made in the letter of retraction.

3. The reference has been made to the aforesaid facts in the grounds of detention and it is