A RAMESH KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) By this petition under Article 226 of the Constitution of India, the petitioner has challenged his detention in pursuance of an order dated 1st of March 1990 made by the Government of Kerala in the exercise of powers conferred upon it by Section 3(1)(ii) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 with a view to preventing him from abetting the smuggling of goods. The petitioner has prayed, inter alia, that a writ of habeas corpus be issued directing the respondents to release the petitioner and set him at liberty forthwith.

(2.) Pursuant to the order dated 1st of March, 1990, the petitioner was taken into custody on 25th of March 1990. He made a representation dated 10th of April1990 to the Advisory Board as well as to the Central Government and the State Government (Respondent No.1 and Respondent No.2 respectively). The ,State Government rejected his representation on 11th of April 1990 whereas the Central Government did so by a memorandum dated 2nd of May 1990.

(3.) In response to Rule Nisi, the Central Government has neither filed any reply nor has anyone appeared on its behalf despite due service. The State of Kerala has, however, submitted a return in support of the part of the case which concerns it and has also been represented by a counsel.