LAKSHMAN T ADVANI Vs. UNION OF INDIA

JUDGEMENT

(1.) Rule D.B.

(2.) The joint Secretary to the Government of India, Sh. K.K.. Dwivedi, passed an order of detention against the petitioner on 20th August, 1985. The detention order was passed under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 with a view to preventing the petitioner from acting in any manner prejudicial to the augmentation of foreign exchange. The grounds of detention of were served upon the petitioner in jail within the period prescribed by law. The petitioner has challenged the detention order inter alia on the ground that on 30th October, 1985 when the petitioner appeared before the Advisory Board with his counsel he submitted to the Advisory Board that three of his witnesses, Mr. P.P. Thukral, Chartered Accountant of the firm Mr. Prakash and Mrs. Advani were present outside and that they be examined as witnesses on behalf of the petitioner in rebuttal of the allegations made against him in the grounds of detention. According to the petitioner these witnesses were very relevant as Mr. Prakash had to prove that the alleged chit document No. 10 was not recovered from his person. He further states that P.P. Thukral was to prove the accounts and amount of Indian currency recovered from him as lawful and legal and Mrs, Advani had brought relevant documents with her to show the same but these witnesses were not examined inspite of repeated requests made by the petitioner's counsel. The petitioner states that he has been deprived of his valuable right of representing his case before the Advisory Board and the appropriate Government which is violative of Article 22(4) of the Constitution and makes his detention illegal.

(3.) The facts are that in pursuance of an information the officers of the Enforcement Directorate raided the residential premises of the petitioner situated at L-3 New Delhi South Extension, Part II New Delhi, as also the business premises of the petitioner situated at 1402/12 A, Tilak Bazar as a result of which some incriminating documents and Indian currency of Rs. l,75,000.00 were recovered. Incriminating documents .were recovered from the business premises of the petitioner. On the same day the petitioner has made a statement under Section 40 of the Foreign Exchange Regulation Act, 1973 in which be has admitted that he was clandestinely dealing in the purchase and sale of foreign exchange. He has also admitted that this he started right from 1983. While explaining the possession of Indian currency of Rs. l,75,000.00 he is also stated to have admitted that this is out of the money which he received from one N.C. Jain for selling foreign currency.