LAWS(DLH)-1991-4-101

BHAGAT RAJ Vs. UNION OF INDIA

Decided On April 25, 1991
BHAGAT RAJ Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) Bhagat Raj a detenu under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (as amended), hereinafter referred to as "the Act", has filed this writ petition under Article 226 of the Constitution of India r/w Section 482, Cr.P.C. praying that the detenion order dated 1.8.1990 may be quashed and he may be set at liberty.

(2.) On 1.8.1990 Mahinder Prasad, Joint Secretary to the Govt of India exercising the powers under Section 3(1) of the Act passed an order for the detention of Bhagat Raj with a view to preventing him from acting in any manner prejudicial to the augmentation of foreign exchange. The order was served on the petitioner on 10.8.1990. However, grounds of detention alongwith the documents relied upon were supplied to him on 14.8.1990.

(3.) Briefly stated the facts leading for the passing of the said order arc as under: