MAHINDER SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This is an appeal by the detenu against the judgment of the learned Single Judge dated 18th May, 1994 in the Cr.W. 445 of 1991. By that judgment, the writ petition was dismissed.

(2.) The writ petition was filed at the pre-detention stage for the issue of a writ of certiorari calling for the record and quashing the order of detention dated 12th July, 1990 issued under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974.

(3.) So far as the point relating to the delay in service of the order of detention dated the 12th July, 1990 is concerned, the said question is now covered, by several decisions of the Supreme Court starting from Alka Subhash Gadia JT 1991 (1) S.C. 549. There have been around five judgments of the Supreme Court subsequently and they have all been considered elaborately by a recent Full Bench of this Court in Mansukh Chhagan Lal Bhatt Vs. Union of India & Ors. 1994 (31) DRJ 304, decided on 20th October, 1994. In fact, this writ petition was also taken up along with the Full Bench and thereafter it has come back before us on the basis of the decision on the Full Bench.