PUSHPA DEVI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition under Art 226 of the Constitution is for a writ of habeas corpus against the State Of Karnataka and the Senior Superintendent, Central Prison, Bangalore, to produce the petitioner's husband Sri H. Javerilal in Court and to set him at liberty.

(2.) This petition was heard by us on 24th August 1979. Upon concluding the arguments, for want of time to dictate the reasoned order, we then dircted that the detenu should be released forthwith and the reasons for our conclusion would follow this week.

(3.) We now proceed to set out our reasons for the order passed on that day. The order of detention was apparently made by the State Government and it reads: GOVERNMENT OF KARNATAKA No. HD 32 SCF 79. Karnataka Government Secretariat, Vidhana Soudha, Bangalore, Dated: 17th July 1979. ORDER Whereas the Government of Karnataka are satisfied with respect to the person known as Shri H. Javerilal, S/o Sri Hastimalji of M/s. Modern Watch Company No. 844, Chickpet, Bangalore, that with a view to preventing him from engaging in keeping smuggled goods, it is necessary to make the following order: Now, therefore, in exercise of the powers conferred by S. 3 (i) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act 1974, the Government of Karnataka hereby direct that the said Sri H. Javerilal, S/o Sri Hastimalji, be detained and kept in custody in the Central prison, Bangalore. By Order and in the name of the Governor of Karnataka Sd/- R. A. Naik, Commissioner for Home Affairs and Secretary to Government, Home Department. The grounds for detention accompanying the aforesaid order are as many as four tracing several past incidents connected with the detenu. They are closely typed in English, covering about seven pages.