MUNNA LAL JAIN Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner was detained by detention order dated 23rd May, 1986 passed by Shri M.L. Wadhawan, Additional Secretary to the Government of India. The order was passed under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (as amended) and was passed with a view to preventing the petitioner from engaging in transporting and concealing smuggled goods. The grounds of detention together with necessary material were delivered to the petitioner within time.

(2.) THE only contention which Mr. Harjinder Singh, pressed before me is that on 15th of July, 1986 the Advisory Board held its sitting at Delhi. The detenu was detained at Calcutta. The detenu had made representation on the day when the Advisory Board held its sitting at Delhi in which the detenu made two submissions. In the first place the detenu had requested that he may be allowed the assistance of his non -advocate friend one Shri Sunder Lal and in the second place he had made a request that the two witnesses Shri Jugal Kishore Masun and Sunder Lal Jain who were present outside the room in which the Advisory Board held its sitting may be examined in rebuttal of the allegations against him The case of the petitioner as represented to the Advisory Board was that these witnesses would prove his innocence.

(3.) MR . Bagal relying upon a Division Bench judgment of this court Shri Bhupinder Singh v. Union of India and others1 has submitted that in that case also the detenu had raised the plea that his witnesses were not examined in rebuttal. The Bench answered the contention by observing, "We do not understand this submission, because according to the counter -affidavit no request was made to the Advisory Board in this behalf".