TARA CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is a petition for the issue of a writ of habeas corpus on behalf of Shri Shishupal (hereinafter called the detenu) who has been preventively detained in pursuance of an order passed under Sec. 3 (1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter called the COFEPOSA). The detention order was passed by Shri L. N. Gupta, Commissioner and Administration Secretary, Home Department, Rajasthan, Jaipur. The detenu was arrested in pursuance of that order on November 2, 1979. The grounds of detention were served on the detenu on November 3, 1979.

(2.) On November 3, 1979 the detenu's brother Tara Chand addressed a letter to the detaining authority on behalf of the detenu praying for revocation of the order of detention. This letter was more in the nature of complaint against the Customs Officer, and less than a representation against the grounds of detention. The prayer made in this letter was rejected on November 19, 1979.

(3.) A meeting of the Advisory Board was held on November 30, 1979. The detenu was heard by the Board. The Board made a report on December 3, 1979 justifying the detention. The detention was confirmed by the State Government on December 15, 1979.