BALVINDER SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Balvinder Singh has filed this writ petition under Article 226 & 227 of the. Constitution of India read with Section 482 Criminal Procedure Code . for the issuance of an appropriate writ, order or direction for the immediate release of the petitioner-detenu with prayers: (1) to quash the -inpugned order of detention and (2) to quash the declaration.

(2.) On 6th February, 1990 Shri Mahinder Prasad. Joint Secretary, Government of India, an officer specially empowered under Section 3(1) of the Conservation of Foreign exchange & Prevention of Smuggling Activities Act. 1974 (hereinafter called the ACT) ordered for the detention of' the peititioner with a view to preventing the petitioner from smuggling goods and dealing in smuggled goods otherwise than by engaging in transporting, concealing and keeping smuggled goods. After the passing of this order a reference was made to the Advisory Board in pursuance of which the Beard met on 30tl- April, 1990. The Board gave its advice dated 2nd June, 1990 in pursuance thereof the confirmation order about the detention of the petitioner was passed on 12th June. 1990.

(3.) The Central Government passed a declaration in pinnuance of Section 9(1) of the Act for the detention of the petitioner on 12th Februry, 1990.