Pursuant to this detention order, the detenu was detained on 28.1.99.
In reply to this companytention, the State Government in its companynter has stated that the show cause numberice was issued to the detenu under the Customs Act on 4.5.98 and the adjudication proceedings were over on 9.1.98.
The State Government, therefore, did number proceed with the proposal till then and took up the proposal for companysideration only thereafter.
No other explanation has been given by the State Government for number passing the detention order earlier.
The order of detention has been passed as the detenu was found to be smuggling 23 gold biscuits weighing 2679.5 grams into India on 8.12.97 itself and again on 19.12.97 when his further statement was recorded.
The order of the Ministry of Law in that behalf was obtained on 2.11.98 and the grounds of detention were framed on 18.11.98 and the order of detention was passed on 23.11.98.
It is number necessary to state the facts in detail as this petition deserves to be allowed on the ground that there was undue delay in passing the detention order.
NANAVATI, J. This petition is filed under Article 32 of the Constitution of India challenging the order of detention passed by the Government of Tamil Nadu, on 23.11.98, under Section 3 of the Conservation of Foreign Exchange and Preservation of Smuggling Activities Act, 1974.
