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Judgment
A.S. Nehra, J.
Dhanwant Singh petitioner has filed this petition under Article 226 of the Constitution of India for the issuance of a writ, order of direction for quashing the detention order F. No. 673/481/89 Cus VIII dated 30.8.1989 passed under section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974.
Notice of this petition was given to the respondent. Seven adjournments have been granted to the respondent for filing reply but no reply has been filed on behalf of the respondent. The learned counsel for the petitioner has submitted that even though seven opportunities have been given to the respondent to defend its action, as stated earlier, but it has not done so. The counsel in support of his argument, has relied upon Mohd Ibrahim Mohd Sasin v. State of Maharashtra, 1987 Supreme Court Cases (Crl.) 630, where it was held by the Supreme Court that inaction by the State Government of Maharashtra to defend its order its order of detention passed under the National Security Act despite two adjournments granted by the Court, would result in invalidation of the order of detention.
In view of my abovementioned discussion, this petition is allowed and the order of detention dated 30.8.1989 passed by the respondent is quashed.