AKHILESH KUMAR TYAGI Vs. UNION OF INDIA

JUDGEMENT

(1.) Order of detention passed on 11/08/2000 by the Joint Secretary to the Government of India under Section 3 (1) of the Conservation of Foretgn Exchange & Prevention of Smuggling Activities Act, 1974 (in short, 'the Act') pursuant to which the petitioner Akhilesh Kumar Tyagi (hereinafter referred to as 'detenu') is detained in the Central Jail, Tihar, New Delhi, is assailed in this habeas corpus petition.

(2.) Detention of the detenu was considered necessary by the Detaining Authority with a view to prevent him from smuggling goods in future. The grounds of detention dated 11/08/2000 were supplied to the detenu in both English and Hindi language. The detenu was made aware of his right to make representation against the detention to the Detaining Authority, Central Government as well as the Advisory Board. It was indicated that the representation meant for the Detaining Authority was to be addressed to the Joint Secretary, (COFEPOSA), Ministry of Finance, Department of Revenue, Central Economic Intelligence Bureau; the representation meant for the Central Government was to be addressed to the Secretary, Ministry of Finance, Department of Revenue; and the representation meant for the Advisory Board to be addressed to the Chairman, Advisory Board (COFEPOSA), Delhi High Court. The grounds were communicated for the purpose of clause (5) of Article 22 of the Constitution of India, 1950 ( in short, 'the Constitution' ) and Section 3 (3) of the Act. The detenu made representations to the Detaining Authority, the Central Government and the Advisory Board, but the prayer for revoking the detention did not find acceptance.

(3.) In support of the writ petition primarily following stands have been taken: -