Detention ordered five years back--Not executed at that time--Apprehension of detention

2010(1) LAW HERALD (P&H) 47 (DB)
IN THE HIGH COURT OF PUNJAB AND HARYANA
(DIVISION BENCH)
Before
The Hon’ble Mr. Justice Adarsh Kumar Goel
The Hon’ble Mrs. Justice Daya Chaudhary
L.P.A.No. 117 of 2008 (O&M)
Tejinder Singh Makkar
v.
State of Punjab & Ors.
{Decided on 30/07/2009}
For the Appellant: Mr. Vikram Chaudhari, Advocate.
For the Respondent Nos. 1, 4 and 5: Mr. Suvir Sehgal, Addl. A.G.Punjab.
For the Respondent Nos. 2 and 3: Mr. P.S.Thiara, Advocate.
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act,1974,Section 3(1)--Preventive detention--Quashing of order passed against petitioner--Petitioner allegedly involved in illegal activities of evasion of custom and central excise duties--Detention ordered five years back--Not executed at that time--Apprehension of detention--Held, order of detention was passed five year ago for a period of one year--No satisfactory explanation given for not executing the detention order at that time--No fresh material produced before court--Order of detention quashed, with liberty to pass a fresh order if and when warranted.

------------