LATA KUMARI DILIP SOLANKI Vs. J P DANGE

JUDGEMENT

(1.) THE petitioner who is the wife of the detenu Dilip Kapurchand Solanki has preferred this Petition challenging the order dated 25th July 1991 passed by the 1st respondent and issued under section 3 (1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, detaining her husband Dilip Solanki.

(2.) ON information received by the Customs Officers of M. and P. Wing of Customs Preventive Collectorate, Bombay, on 28th November 1990, a search of Room No. 33, 2nd Floor, Unwalla Building, Love Lane, Mazgaon, Bombay, was conducted. A steel cup-board was round locked. On opening the said steel cup-board, the Customs Officers recovered three heavy packets. As the said place was not convenient for detailed inventory. The said packets alongwith Smt. Pathare, and Shri Pappu, who were present at the time of the search, were taken to the Customs Office at Marine Lines, Bombay. On opening the packets, 10, 15 and 25 foreign marked gold bars were recovered from each of the three packets respectively. All these 50 foreign marked gold bars were of 10 Tolas each, valued at Rs. 20 Lakhs. In the follow-up action, other residential premises of the connected persons were searched. In the premises of the detenu at Room No. 29, 2nd Floor, Unwalla Building, Love Lane, Byculla, Bombay, Indian currency worth Rs. 16,700/- was also recovered. Thereafter, investigation was conducted and by an order dated 25th July 1991 the detenu has been detained. The order of detention was served on the detenu on 20th September 1991.

(3.) SHRI J. A. Barday, learned Counsel appearing for the petitioner, challenged the said order of detention on the ground of delay in issuing the order of detention as also delay in execution of the order of detention, thereby snapping the live-link between the prejudicial activity of 28th November 1990 and the purpose of detention.