SALEH MOHAMMED Vs. UNION OF INDIA

JUDGEMENT

(1.) This is a petition under Article 32 of the Constitution for the issue of a writ of habeas corpus.

(2.) Saleh Mohammed, petitioner is an Indian citizen. On January 18, 1980, an order of his detention under Section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter called the "COFEPOSA" was passed by the Government of Rajasthan under the signature of the Home Secretary to the Government. In pursuance of that order, the detenu was arrested on January 21, 1980. The detention order and the grounds of detention were served on the detenu in jail on January 23, 1980.

(3.) In February 20, 1980, the detenu made a representation to the detaining authority through the Superintendent of Jail. On February 25, 1980, he was produced before the Advisory Board. Thereafter on March 10, 1980, his detention was confirmed by the State Government. On March 26, 1980, his representation was rejected by the State Government. On May 19, 1980, the detenu sent a written request for the supply of documents and material relied upon in the grounds of detention. The copies were supplied to him on June 9, 1980. On July 11, 1980, the detenu again made a representation under Section 11 of the COFEPOSA, addressed to the Central Government as well as to the State Government for revocation of his detention.