RAVI SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner herein, Ravi Sharma, seeks quashing of the order of detention dated 14th January, 1985, passed by Shri K. K. Dwivedi, Joint Secretary to the Government of India, Ministry of Finance, Department of Revenue, under section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (herein called 'the Act') with a view to preventing him from smug- gling goods or abetting smuggling of goods. He has also challenged the legality of the order made on 12th February, 1985, under section 9(1) of the Act by the Additional Secretary to the Government of India declaring that the detepu is likely to abet the smuggling of goods into and out of and through Delhi airport which is an area highly vulnerable to smuggling.

(2.) The petitioner was in fact detained on 17th November, 1984, vide order of the same date passed by Shri K.K. Dwivedi who is specially empowered under section 3(1) of the Act by the Central Government to pass an order of detention under section 3 of the Act. This order was revoked on 14th January, 1985, by the Government of India under section 11(1)(b) of the Act A copy of the same is annexed as Annexure 'J'. The reason for revoking the earlier order has been stated in para graph 2 thereof. It reads:-

(3.) Thereafter another order of detention has been passed under section 3(1) of the Act. The grounds of detention also datd 14th January, 1985, were served on the petitioner in jail. The representation made by the petitioner on 1st February, 1985, against his detention was rejected by the Government of India on 8th February, 1985. Thereafter, the Central Government by the order dated 8th April. 1985, in exercise of its power conferred under section 8(f) read with section 9(2) of the Act confirmed the detention order dated 14th January, 1985, and further directed that under section 10 of the Act the petitioner be detained for a period of two years from the date of his detention, i.e., from 14th January, 1985.