SHAMSUDDIN ALIAS SAMBU Vs. UNION OF INDIA

JUDGEMENT

(1.) Shri Mahendra Prasad, Joint Secretary to the Government of India, specially empowered under Section 3(1) of the Contervation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter to be referred to as the Act) passed an order dated 12th December, 1989 for the detention of Shri Mohd. Shamsaddin @ Shamba to be kept in custody in the Presidency Jail, Allpore. Calcutta with a view to preventing him from engaging in transporting smuggled goods and dealing in snuggled goods otherwise than by engaging in concealing or keeping smuggled goods. In pursuance of this order the petitioner was detained on 20th December, 1989 when the grounds of detention were also served upon him.

(2.) . By way of this petition filed by the petitioner through his brother Shri Adil Hussain under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure the petitioner has prayed for issuance of a writ of habeas corpus or any other appropriate writ, order or direction for quashing the aforesaid order of detention and consequently for his being releafed from custody.

(3.) . A number of grounds have been taken by the petitioner in the writ petition to challenge his detention. However, learned counsel for the petitioner has restricted his argument only on the grounds of delay in the forwardiag of his representation by the Superintendent Jail to the concerned authorities, the de]iy in consideration of (be representation and also the delay in communicating the rejection of the petitioner of the petitioner to him.