VENKATESHAN S Vs. UNION OF INDIA UOI

JUDGEMENT

(1.) ON 8. 2. 2000, the Joint Secretary to Government of India, Ministry of Finance, Department of revenue, New Delhi, issued a detention order (Annexure-A) under Section 3 (1) of the conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 [for short, cofeposa, Act], being satisfied that it was necessary to make such an order, directing that one b. Sankar, s/o late Balakrishnan, No. 14,1 Main, 5th Cross, Balajinagar, DRC Post, bangalore-560 029 be detained and kept in custody in the Central Prison, Bangalore, with a view to prevent him from acting in any manner prejudicial to the augmentation of foreign exchange. The said B. Sankar (hereinafter referred to as the 'detenu') was served with the said order on 15. 2. 2000 along with the grounds of detention dated 8. 2. 2000 and copies of documents with list, relied upon by the Detaining Authority for issuing the said order of detention. Tamil Translations of the detention order, Grounds of detention and the documents with list were also served along with the Detention Order. On service of said detention order, the detenu was taken into custody.

(2.) THE detenu addressed a representation dated 23. 3. 2000 to (i) Chairman, COFEPOSA Advisory board; (ii) Detaining Authority; and (iii) the Central Government, Secretary to Government of india, Ministry of Finance, Department of Revenue, requesting that he may be released from detention. The representation was rejected by the Detaining Authority and the Central government by two independent orders dated 10. 5. 2000 and a memo dated 11. 5. 2000 was served on the detenu informing him of such rejection.

(3.) THEREAFTER, petitioner has filed the present writ petition seeking a writ of habeas corpus, declaring that the detention of detenu under the Order dated 8. 2. 2000, as illegal and ab initio void. In the petition, the petitioner is described as the wife of the Detenu. This is apparently a mistake. Apparently the petitioner is the brother-in-law of the detenu. It is stated that petitioner is interested in the life, welfare and personal liberty of the detenu.