GIRIJA PRASHAD Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner, Shri Girija Prashad, through this petition has challenged the impugned order of detention dated 12th December, 1989 passed by Shri Mahendra Prasad, Joint Secretary to the Government of India, with a view to preventing him from abetting the smuggling of goods and also enaging in transporting smuggled goods, under Section 3(1) ot the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (as amended) (hereinafter referred to as 'the Act').

(2.) The Petitioner appears to have been involved .and arrested in a criminal case regarding seizure of foreign marked gold by the Customs authorities and has been lodged in the Central Prison, Patna.

(3.) The impugned order.has been assailed by the petitioner on various grounds. However, the principal ground taken by him is that order of detention was passed on 12th December, 1989 and was served on the petitioner on 15th December. 1989 in the Central Prison, Patna. He was served impugned order, grounds of detention and other relevant documents, relied upon by the detaining authority, in English language which, according to him he does not know. In fact he knows Hindi only.