MOHAMMED HAJI ALAVI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) in this petition under article 226 of the constitution, the petitioner, by challenging the validity of the order of his detention made by the Karnataka government under Section 3(l)(iii) of the conservation of foreign exchange and prevention of smuggling activities Act, 1974 (for short 'the act') with a view to preventing him from engaging in keeping and transporting smuggled goods, has sought for issuance of a writ in the nature of habeas corpus to the respondents directing his release from detention.

(2.) the order of detention under challenge in this writ petition has been made on15-7-1991. Pursuant to that order of detention, the petitioner has been detained on 31-7-1991. That order of detention has been, thereafter, confirmed by the Karnataka government on 3-10-1991.

(3.) the principal ground, on which the validity of the said order of detention ischallenged by Sri j. Jeshtamal, learned counsel for the petitioner, is that the grounds of detention did not disclose any material or circumstance, on the basis of which the detaining authority could have possibly reached the satisfaction that the petitioner was required to be detained with a view to preventing him from engaging in keeping and transporting smuggled goods and hence the detention order based on such satisfaction stands vitiated by illegality. If this ground of challenge raised against the validity of the impugned detention order is well founded, there would be no option left to us except to quash the same and direct release of the petitioner from detention. We would, therefore, consider it most appropriate to examine the merit of the said ground of challenge at the first instance and proceed to do so.