SURESH KUMAR JAIN Vs. UNION OF INDIA

JUDGEMENT

(1.) By this petition Suresh Kumar Jain has prayed for a writ habeas corpus and for quashing the order dated 30th April, 1982 detaining him. Rule was issued on 31st May, 1982. On 30th June. 1982, the Vacation Judge released the petitioner on parole pending the decision of this habeas corpus petition, as it was not possible to hear the matter due to paucity of time.

(2.) The petitioner who is a businessman was detained on 23rd January, 1982 by an order under section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as "COFEPOSA Act"). The grounds of detention were also served on him. On 10th February, 1982 the petitionermade a representation to the Advisory Board and as a result of the Advisory Board's order dated 8th April. 1982 he was released on 12th April, 1982.

(3.) Subsequently, on 30th April, 1982 the present impugned order was passed and the petitioner was re-arrested on 2nd May, 1982. The detention order served on him was identical to the earlier detention order dated 23rd January, 1982, except for the first two paragraphs. The petitioner again made a representation to the Advisory Board and the matter was heard on 12th July, 1982. However, this time the Advisory Board confirmed the order of detention. Thereafter, the Central Government confirmed the detention order on 28th July, 1982 for a period of nine months with effect from 2nd May, 1982 i.e. the date of detention.