HARISH CHAND VERMA Vs. UNION OF INDIA

JUDGEMENT

(1.) By this writ petition the petitioner has challenged the detention order dated 25th April, 1985 passed under section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as COFEPOSA Act) by Shri K.K. Dwivedi, Joint Secretary to the Government of India. The petitioner was actually detained in pursuance of the detention warrant on 6th May, 1985. The detention order was passed with a view to preventing the petitioner from smuggling goods, abetting the smuggling of goods and dealing in smuggled goods otherwise than by engaging in transporting, concealing and keeping smuggled goods.

(2.) The grounds of detention were served on the petitioner on 3rd June 1985 and the detention order was served upon him in jail through Superintendent jail on 5th June, 1985. Another copy of grounds was served upon him on 6th June, 1985. The petitioner made a representation to the detaining authority on 12th June, 1985 requesting for supply of some additional information and documents to enable him to make an effective and purposeful representation, which was, according to the petitioner, belatedly replied on 8th July, 1985. In the meanwhile a declaration under section 9 of the COFEPOSA Act, 1974 was passed by the detaining authority on 4th July, 1985.

(3.) The petitioner has thus challenged the validity of the detention order on variety of grounds.