RAZAK Vs. MAHENDRA PRASAD

JUDGEMENT

(1.) This petition under Articles 226 and 227 ofthe Constitution of India read with Section 482 Cr. PC has been filed seeking awrit of habeas corpus and praying that the order of detention passed on19.12.1991 by the Joint Secretary to the Government of India undersection 3(1)of the Conservation of Foreign Exchange and Prevention of Smuggling ActivitiesAct 1&74 (hereinafter referred to as the Act) be quashed.

(2.) The brief facts relavant for the decision are as follows :

(3.) The petitioner has inter alia chanllenged this order of detention onthe ground that relevant material which should have been supplied to him andwhich influenced the mind of the detaining authority while passing the detention order was not supplied. It was submitted that the respondent did notsupply to the petitioner the order of the Court dated 22.1.1991 whereby his twobail applications dt. 17.12.1990 and 22.1.1990 were rejected though the samewere considered by the detaining authority while passing the order of detention.