MADAN LAL ANAND Vs. UNION OF INDIA

JUDGEMENT

(1.) This is a third round of litigation started by the petitioner (Madan Lal Anand), challenging the legality of the detention order dated 30th September, 1988 of the Conservation of Foreign Exchange and. Prevention of Smuggling Activities Act, 1974 (as amended) (for short 'the COFEPOSA Act').

(2.) The petitioner (Madan Lal Anand) earlier had filed a similar writ petition No. 555 of 1988 in this Court, which was dismissed on 17th March, 1989 thereafter he filed Special Leave Petition . (Criminal) in Supreme Court being No. 950/89 against the judgment of this Court, which was also dismissed vide judgment datcd26th October, 1989. The present writ petition is filed for the same relief but on the basis of some alleged fresh and additional grounds which according to petitioner, were not taken up or urged in the writ petition as well as in the S.L.P. It is not necessary, for the view that we are going to take, to deal in detail with the grounds on which the order of detention was passed except to notice that the detaining authority, from the facts collected, was satisfied that although petitioner was neither the partner nor a proprietor of M/s. Jasmine and M/s. Expo International yet he was activiely associated with his brother Shri Ved Paul Anand, who was actively involved in the import of the duty free goods obtained in advance licences as actual user and in illegal disposal of the same.

(3.) It was in this back-ground that the detaining authority with a view to preventing him from-