RAJ KUMAR GUPTA Vs. UNION OF INDIA

JUDGEMENT

(1.) On 23rd January, 1991 Shri Mahendra Prasad, Joint Secretary to the Government of India, an officer specially empowered under Sec. 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short the Act) directed that Raj Kumar Gupta r/o 16-A, Kamla Nagar, Delhi - 7 be detained and kept in custody in the Central Jail, Tihar, New Delhi with a view to preventing him from smuggling goods.

(2.) This order was served upon Raj Kumar Gupta on 28th March, 1991 when the grounds of detention along with the documents relied upon were served upon him. Raj Kumar Gupta made a representation dated 22nd April, 1991 against his detention but received no reply and so he filed this petition under Articles 226 and 227 of the Constitution of India read with Sec. 482 of the Code of Criminal Procedure praying for issuance of writ of habeas corpus or any other appropriate writ for quashing the order of detention and his release forthwith.

(3.) It would, at this stage, be appropriate to give some details of the facts leading to the issuance of the detention order against the petitioner.