JAWAHAR LAL KHANNA Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition has been brought under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, seeking quashment of the detention order dated May 22, 1989, passed by respondent No. 2 under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short 'COFEPOSA Act') with a view to preventing the petitioner from engaging in transporting and concealing smuggled goods and a declaration dated June 1, 1989, issued under Section 9(1) of the COFEPOSA Act by respondent No. 3.

(2.) Counsel for the petitioner has urged varions grounds in support of the petition but it is not necessary to refer to all those grounds as this petition is liable to succeed on a very short ground.

(3.) Counsel for the petitioner has urged that the petitioner admittedly was in judicial custody at the time the impugned orders have been made and no application for bail had been moved on behalf of the petitioner and thus, there appears no compelling reasons for the authorities to have passed the impugned orders.