P C AGGARWAL Vs. M L WADHAWAN

JUDGEMENT

(1.) By this petition seeking issuance of a writ of Habeas Corpus, the petitioner, P C. Agarwal. challenges the detention order passed on 30th December, 1985 under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as the Act). He is further seeking quashing of a declaration under Section 9 of the Act made on 3rd February, 1986 The said order and the declaration were passed by Shri M.L Wadhawan, Additional Secretary to the Government of India (Respondent No. I herein) who is specially empowered under the provisions of the Act on behalf of the Central Government to pass the detention order and also to make the said declaration.

(2.) The order of detention was passed with a view to preventing the detenu from smuggling goods and abelting the smuggling of goods. A copy of that order is Annexure 'A' to the Writ petition.

(3.) In the writ petition the vires of Section 9 of the Act ha been challenged on the ground that it is violative of article 14, 19 and 22 of the Constitution. It is further urged in the petition that the scheme of the Act does not envisage the same officer to be specially empowered for the purpose of Section 3 as well as Section 9 and as inch the impugned detention order as well a( the declaration are bad in law. The question regarding the validity of Section 9 was not urged before me as I was informed that this very question has been referred to the Constitution Bench of the Supreme Court and is pending adjudication. The other point noticed above was also not pressed as I was informed that a Division Bench of this court was considering it in a number of other Habeas Corpus writ petitions.