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Union Of India & Ors vs Muneesh Suneja on 30 January, 2001 cites

Additional Secretary To The Government ... vs Smt. Alka Subhash Gadia And Anr on 20 December, 1990

If this aspect is borne in mind, the High Court of Punjab and Haryana could not have quashed the order of detention either on the ground of delay in passing the impugned order or delay in executing the said order. For mere delay either in passing the order or execution thereof is not fatal except where the same stands un-explained. In the given circumstances of the case and if there are good reasons for delay in passing the order or in not giving effect to it, the same could be explained and those are not such grounds which could be made the basis for quashing the order of detention at a pre-detention stage. Therefore, following the decisions of this Court in Additional Secretary to the Government of India & Ors. v. Smt. Alka Subhash Gadia & Anr., (supra) and Sayed Thaer Bawamiya v. Joint Secretary to the Government of India & Ors. (supra), we hold that the order made by the High Court is bad in law and deserves to be set aside.
Supreme Court of India Cites 11 - Cited by 570 - P B Sawant - Full Document

Sayed Taher Bawamiya vs Joint Secretary To The Govt. Of India And ... on 3 August, 2000

If this aspect is borne in mind, the High Court of Punjab and Haryana could not have quashed the order of detention either on the ground of delay in passing the impugned order or delay in executing the said order. For mere delay either in passing the order or execution thereof is not fatal except where the same stands un-explained. In the given circumstances of the case and if there are good reasons for delay in passing the order or in not giving effect to it, the same could be explained and those are not such grounds which could be made the basis for quashing the order of detention at a pre-detention stage. Therefore, following the decisions of this Court in Additional Secretary to the Government of India & Ors. v. Smt. Alka Subhash Gadia & Anr., (supra) and Sayed Thaer Bawamiya v. Joint Secretary to the Government of India & Ors. (supra), we hold that the order made by the High Court is bad in law and deserves to be set aside.
Supreme Court of India Cites 6 - Cited by 156 - Full Document

T.A. Abdul Rahman vs State Of Kerala And Ors on 23 August, 1989

Shri K.T.S. Tulsi, the learned senior Advocate appearing for the respondent, submitted that considered in the background that the amount recovered either in the shape of Indian currency and foreign currency or the quantum of gold and the enactments such as the Foreign Exchange Regulation Act (FERA) having been repealed, the Foreign Exchange Maintenance Act (FEMA) and Gold Control Act not contemplating prosecution in a criminal court the acts imported to the respondent do not merit detention. He further pointed out that there is inordinate delay in making the order of detention and no effective steps were taken for executing the same, as noticed by the High Court and, therefore, in those circumstances, the High Court was justified in interfering with the order made by the Joint Secretary to the Government of India under Section 3 of the Act. He relied upon the decisions of this Court in Golam Hussain alias Gama v. The Commissioner of Police, Calcutta & Ors., 1994 (4) SCC 530, T.A. Abdul Rahman v. State of Kerala & Ors. 1989 (4) SCC 741, and Ahamed Mohaideen Zabbar v. State of T.N. & Ors., 1999 (4) SCC 417.
Supreme Court of India Cites 19 - Cited by 238 - S R Pandian - Full Document

Ahamed Mohaideen Zabbar vs State Of Tamil Nadu And Ors on 28 April, 1999

Shri K.T.S. Tulsi, the learned senior Advocate appearing for the respondent, submitted that considered in the background that the amount recovered either in the shape of Indian currency and foreign currency or the quantum of gold and the enactments such as the Foreign Exchange Regulation Act (FERA) having been repealed, the Foreign Exchange Maintenance Act (FEMA) and Gold Control Act not contemplating prosecution in a criminal court the acts imported to the respondent do not merit detention. He further pointed out that there is inordinate delay in making the order of detention and no effective steps were taken for executing the same, as noticed by the High Court and, therefore, in those circumstances, the High Court was justified in interfering with the order made by the Joint Secretary to the Government of India under Section 3 of the Act. He relied upon the decisions of this Court in Golam Hussain alias Gama v. The Commissioner of Police, Calcutta & Ors., 1994 (4) SCC 530, T.A. Abdul Rahman v. State of Kerala & Ors. 1989 (4) SCC 741, and Ahamed Mohaideen Zabbar v. State of T.N. & Ors., 1999 (4) SCC 417.
Supreme Court of India Cites 4 - Cited by 18 - Full Document
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