KIRIT KUMAR CHAMAN LAL KUNDALIYA KIRIT KUMAR CHAMAN LAL KUNDALIYA KIRIT KUMAR CHAMAN LAL KUNDALIYA Vs. UNION OF INDIA

JUDGEMENT

(1.) By our Order dated 21-1-1981, we had already allowed the petition and directed the detenu to be released forthwith. We now proceed to set out the reasons for the order which we passed on 21-1-1981.

(2.) The writ petition and the criminal special leave arise out of the same subject matter, namely, that the petitioner Kirit Kumar Chaman Lal Kundaliya) was detained by an order passed by the Home Minister of the State of Gujarat on 9-9-1980 under Section 3 of the Conservation of Foregin Exchange and Prevention of Smuggling Activities Act.

(3.) The petitioner/detenu in the first instance filed a petition for habeas corpus in the High Court of Gujarat which was dismissed by the High Court by its order dated 25-11-1980. The detenu thereafter filed a petition for special leave against the order of the High Court and also a writ petition under Article 32 of the Constitution of India in this Court. Both the petition for special leave and the writ petition have been heard together.