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DELHI HIGH COURT
SUNANDA BHANDARE, C.M.NAYAR
Kirpal Singh – Appellant
Versus
Union of India – Respondent


JUDGMENT

1. Delhi Administration which has passed the detention order has filed reply by way of counter affidavit, though Union of India has not filed the reply. The Union of India is served, however despite two opportunities, no reply is filed by Union of India. No one appears for Union of India either.

Rule D.B.

2. Since a very short point is involved and the Delhi Administration which is the main contesting party has filed the reply, we proceed to hear the writ petition.

3. This petition under Article 226 of the Constitution of India is filled challenging the order of detention dated 18.1.1991 passed by the Administrator, Union Territory of Delhi under Section 3(1) read with Section 2 (f) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act 1974 mainly on the ground that there is long delay between the alleged incident and the impugned detention order. The incident took place on 6th April 1990 and the detention order was passed on 18th January 1991. In the reply filed to the petition by the Delhi Administration, it is not disputed by respondent Delhi Administration that the incident took place on 6th April 1990. The only reason given for the

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