HARISH VOHRA Vs. UNION OF INDIA

JUDGEMENT

(1.) This judgment will dispose of Cr. Writs 133/75 and 134/75 also. The detenu involved in this petition (Dali Chand Vohra) as well as those in the other two petitions (Shyam Bihari Lal Sharma and Shri Kishan Sharma) arc partners of a firm known a,s Delhi Rajkot Enamel Works. The facts being the same it will be sufficient to state them in Cr. Writ 116 of 1975 alone.

(2.) An order of detention was passed by the District Magistrate, Delhi under section 3(l)(c) of the Maintenance of Internal Security Act, 1971 (hereinafter called the MISA) on certain grounds, which he noticed later on 22-10-1974, which was quashed on 11-12-1974 by a Division Bench consisting of M.R.A. Ansari and V. D. Misra, JJ. The detenu was arrested for the second time .and detained under section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as the COFEPOSA) on 6-3-1975 on the same facts : the same was quashed by the same Division Bench on 6-6-1975 (in Cr. Writ 13 of 1975).

(3.) The President made a proclamation under Article 352(1) of the Constitution on 25-6-1975, which wa,s published on 26-61975; an order under Article 359(1) of the Constitution was issued by the President on 27-6-1975.