P.K. MADHAVAN Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is a writ petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure filed by Mr. P.K. Madhavan petitioner with a prayer that the detention order dated 29th August, 1989 and the order of declaration dated 28th September, 1989 be set aside and he be ordered to be set at liberty.

(2.) ON 19th August 1989 the Government of Kerala passed an order in exercise of the power conferred by Section 3(1)(i) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (herein referred to as the Act) for the detention of the petitioner with a view to preventing him from smuggling goods. This order was issued under the signatures of Commissioner and Secretary to the Government of Kerala.

(3.) THE petitioner was arrested on 29th March, 1989. He was remanded to judicial custody. Subsequently, on an application moved by him, he was granted bail on certain conditions vide order dated 12th April, 1989.