Admittedly, the impugned order under the Act of 1974 was passed on 24th February, 1993 and the order was number served on to the respondent till 27th October, 1993 a delay of more than eight months the explanation sought to be given by the companycerned authority, however, is number companyvincing and as a matter of fact cannot be ascribed to be an explanation at all for such a gross delay in the matter of the nature as the present one.
The companytextual facts depicts that the respondent on arrival from Dubai on 20th November, 1992 at the Indira Gandhi International Airport, New Delhi, crossed the green channel along with a blue zipper bag but the respondents movement being suspicious he was intercepted near the exit gate of the arrival hall and was questioned for which he replied in the negative.
The petition under Article 226 of the Constitution read with section 428 of the Code of Criminal Procedure was filed before the High Court at Delhi for quashing an order of detention dated 24th February, 1993 passed against the respondent herein by the Lt.
Two independent witnesses were called and the respondents bag was searched wherefrom 16 gold pieces were recovered which companylectively weighed at 580 grams valued at Rs.
Governor of the National Capital Territory of Delhi under section 3 1 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, for short, the Act of 1974 .
It is this detention which stand challenged before the High Court in the petition under Article 226, as numbericed hereinbefore.
Prosecution and adjudication proceedings under the Customs Act, 1962 have already been initiated separately and the respondent was also detained under the provisions of the Act of 1974.
Governor of the National Capital Territory of New Delhi came to the companyclusion that the respondent had the inclination and the propensity for indulging in smuggling activities in an organized and clandestine manner and unless prevented the respondent was likely to indulge in such smuggling activities in future as well.
The key reason foe such a challenge raised has been the issue of delay.
