M K KUNHIMOHAMED 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 4th of October, 1989 made by the Government of Kerala under Section (3)(1)(i) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as the Act) with a view to preventing him from smuggling goods. It is 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.) The order of detention was executed on 20th of October, 1989. The grounds of detention and the documents relied upon were served on the petitioner on 21st of October, 1989. On 9th of November, 1989, the Central Government issued a declaration under Section 9(1) of the Act.

(3.) Counsel for the petitioner has pressed only on ground which is based upon the pleadings in para 21; of the petition. It reads as follows :-