RAMESH KUMAR WADHERA Vs. UNION OF INDIA

JUDGEMENT

(1.) RAMESH Kumar Wadhera, petitioner, has filed this petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, with a prayer that the detention order dated 14.9.90, may be quashed and he may be released

(2.) IN exercise of the powers under Section 3( 1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as the Act), Shri Mahendra Prasad, specially empowered officer and Joint Secretary to the Government of India, Ministry of Finance, Department of Revenue, passed an order dated 14.9.90, for the detention of the petitioner with a view to preventing him from engaging in keeping smuggled goods and dealing in smuggled goods otherwise than by transporting and concealing smuggled goods. This order was served upon the petitioner on 15th September, 1990, when grounds of detention along with the documents relied upon were also supplied.

(3.) A number of grounds have been taken by the petitioner challenging the said order of detention. Learned Counsel for the petitioner has restricted his arguments only on one ground mainly, that the grounds served upon him are vague on account of which the petitioner has been deprived of his right of making an effective representation. Since, this will be a legal question, it is not necessary to refer to the detailed facts leading to the passing of the order of detention.