UNION OF INDIA Vs. MANOHARLAL NARANG

JUDGEMENT

(1.) The Union of India has brought this appeal by special leave against the judgment of a Full Bench of the Bombay High Court quashing the notice under Section 6(1) of the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976, hereinafter referred to as SAFEMA. It is necessary to set out the brief facts to appreciate the questions involved in this appeal.

(2.) Manoharlal Narang, the respondent in this appeal and Ramlal Narang are brothers. An order of detention was passed on 19th December, 1974, under Section 3(1) of the COFEPOSA Act against Ramlal Narang. This order was challenged before the Delhi High Court in Writ Petition No. 10/75 and the High Court quashed the order of detention by its order dated 30th April, 1975. An appeal was filed against that order before this Court by the Union of India. Though an application for stay was moved, this Court declined to grant stay but passed an order on the 1st May, 1975 imposing certain conditions on the movement of Ramlal Narang. On 25th June, 1975, Emergency was declared. On 1st July, 1975, a fresh order of detention was passed against Ramlal on the same facts and grounds. In the meantime the appeal filed by the Union of India against the order of the Delhi High Court relating to the earlier order of detention, was dismissed by this Court in 1977, for want of prosecution. Ramlal was detained under the second order. A relative of his, filed Writ Petition No. 115 of 1975, in the Delhi High Court, challenging this detention. That petition was dismissed on 25th November, 1975.

(3.) An appeal was filed by Certificate, against that order before this Court as Appeal No. 399 of 1977. In the meanwhile, notices under Sections 6 and 7 of the SAFEMA were issued against Ramlal. These notices were challenged by him by filing Writ Petition No. 720 of 1975, in the Delhi High Court. Subsequently, this Court took up appeal No, 399/75 and disposed it of saying that it would be open to the petitioner to raise all contentions available to him in Writ Petition No. 720 of 1975 notwithstanding what is contained in the Judgment in Writ Petition No. 115/75. The Delhi High Court heard Writ Petition No. 720 of 1975 and dismissed it. Against that dismissal order Ramlal filed special leave petition No. 9361/82 before this Court. In this special leave petition, notice was issued limited only to the question of the competency of the authorities to issue the second detention order on the same facts and grounds. That petition was thereafter admitted and the civil appeal arising therefrom is Civil Appeal No. 2790 of 1985, which has been referred to a Constitution Bench and is pending disposal at present.