SANTOSH KUMAR JAIN Vs. UNION OF INDIA

JUDGEMENT

(1.) This it a petition under Article 226 of the Constitution of India by the detenu Santosh Kumar Jain for the quashing of the order of detention dated 29th September, 1981.

(2.) On 29th September, 1981 Shri B B.Gujral, Additional Secretary to the Government of India, passed an order under Section 3(1) of the Conservation of the Foreign Exchange and Prevention of Smuggling Activities Act, 1974, as amended, (hereinafter referred to as "COFEPOSA") for the detention of Santosh Kurnar Jain resident of F-13G, Lajpat Nagar, New Delhi with a view to preventing him from acting to any manner prejudicial to the augmentation of the foreign exchange.

(3.) The petitioner on 29th November, 1981 filed a writ petition in the Calcutta High Court and obtained an injunction order restraining the detaining authority from enforcing the detention order subject to certain conditions. The petition, it appears, was dismissed for default on 20th February, 1982. We may notice here that the respondents in para 5 of the counteraffidavit have stated that the Calcutta High Court on the basis ofthe reply filed by the respondents had vacated the ex parte injunction order. Whether the petition at Calcutta was dismissed in default or it was dismissed after the respondents had moved the Court for the vacation of the ex-parte injunction order is not material for the decision of this petition. The petition at Calcutta was dismissed in default on 20th February, 1982 and the petitioner was arrested pursuant to the order dated 29th September, 1981 on 8th March, 1982.