- (1.) The petitioner seeks the quashment of Detention Order, dt. Oct. 6, 1993, which is yet to be served on him.
(2.) The learned counsel for the petitioner contends that the detention order is liable to be set aside prior to its execution stage on the basis of a decision of the Supreme Court in Additional Secretary to the Government of India v. Smt. Alka Subhash Gadia, JT 1991 (1) 5C 549 (popularly known as Alka Gadia's case). He submits that the Detention Order is also liable to be quashed on the following grounds : (i) that the Detention Order has been passed for a wrongful purpose; (ii) that the Detention Order was passed under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 against the petitioner by the Deputy Secretary, Home, Union Territory Administration, New Delhi and, thus, the Detention Order has been passed by an Authority who is not competent to do so; (iii) that the case of the petitioner was not sent to the Central Government within ten days from the date of the order.
(3.) The learned counsel for the petitioner argues that the Detention Order was passed in order to prevent the petitioner from smuggling of goods, which could not be passed in the facts and circumstances of the case. In the present case, according to him, only the foreign exchange currency in excess than the permissible limit was found from the possession of the petitioner at the Airport and the show cause Notice was issued to the petitioner in that regard and only that case is pending against him.;