HARNEK SINGH vs STATE OF PUNJAB

The Supreme Court, in a writ petition under Article 32, held that the detention of Narinder Singh under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 was unlawful due to the lack of a nexus between the alleged offences and the detention, which was based on stale charges dating back to February 27, 1980. The Court emphasized that the delay of over a year and a half without any explanation from the State rendered the detention punitive rather than preventive. Consequently, the Court struck down the detention order and ordered the immediate release of the detenu.