POONAM LATA Vs. M L WADHAWAN

JUDGEMENT

(1.) Petitioner's husband, Shital Kumar, was detained by an order passed by the Additional Secretary to the Government of India, Ministry of Finance, Department of Revenue, dated February 28, 1986, made in exercise of powers vested under S. 3(l) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as 'the COFEPOSA'). The petitioner made an application to this Court under Art. 32 in Writ Petn. (Cri.) No. 292 of 1986 challenging that order of detention. In the earlier writ application, on 15th of May, 1986, the learned Vacation Judge of this Court made an order for the release of the detenu on parole on the following terms (at p. 1385) :-

(2.) This writ petition was thereafter filed on 27th of April, 1987. In paragraph 2 of the petition, with reference to the earlier writ petition, it was averred :-

(3.) Mr. Garg, learned counsel for the petitioner has raised two points before us for consideration. (1) the detenu had been prejudiced in making an effective representation to the Board against his detention in the absence of the summons issued under Section 108 of the Customs Act to him. In spite of demand, that document had not been supplied and (2) the petitioner was already in custody at the time the order of detention wag served and since the detenu was already in custody, the order of detention is liable to be quashed. In Ground No. 4 of the writ petition, it has been alleged :-