SURESH CHANDER CHOWDHARY Vs. ADMINISTRATOR

JUDGEMENT

(1.) The petitioner has been detained by virtue of an order passed by the Administrator of the Union Territory of Delhi under the provisions of Section 3(1), read with Section 2(f) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, hereinafter referred to as the Act, with a view to preventing him from smuggling goods into India and also engaging in transporting, concealing and keeping smuggled goods, viz. wrist watches. The petitioner was arrested in execution of the said order of detention on July 2. 1984 and has been in detention in the Central Jail, Tihar, eve"since. The grounds of detention etc. were served on the detenu in jail on July 6, 1984.

(2.) The President was pleased to promulgate Ordinance No. 8 of 1984 on July 13, 1984 amending certain provisions of the aforesaid Act. On August 2, 1984 adeclaration was made in regard to the petitioner inexercise of the powers conferred by Section 9(1) of the aforesaid Act, as amended, read with Sub-section (2) of Section 9 of the said Act. This ordinance was repealed by Act 58 of 1984 amending the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. The Act came into force on August 30, 1984 The reference was made to the Advisory Board on November 13, 1984. The petitioner was produced before the Advisory Board on November 23, 1984. The detention of the petitioner was confirmed on November 30, 1984, communication regarding which was received by the petitioner on December 18, 1984.

(3.) The petitioner has challenged his detention on diverse grounds. All these have been traversed by the respondents and we shall deal with the respective stands of the petitioner and the respondents as we deal with each contention raised by the petitioner.