MOHD MUSTAFFA Vs. UNION OF INDIA

JUDGEMENT

(1.) The Petitioner was detained on 4th August 1986 in pursuance of detention order passed by Shri M.L. Wadhawan, AddI. Secretary to the Government of India. This 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 detenu from acting in any manner pre-judicial to the augmentation of foreign ex-change,

(2.) The grounds of detention and the copies of documents could not be served on the detenu within five or fifteen days as envisaged for statute. The authority as such on discovering this technical flaw revoked the earlier detention order on 3.9. 1986 and the same day passed a fresh detention order which was served upon the detenu on 4th September 1986 i.e. the next day.

(3.) The basis for detention of the petitioner is that in pursuance of an information the detenu was apprehended in front of the office of Sushma and Shama Publications at Asif Ali Road on 6.1.86 and his personal search resulted in the recovery of U.S. 10,000 dollars and some documents The search was conducted under section 34 of the Foreign Exchange Regulation Act and after conducting the necessary investigation it was found that the petitioner was dealing in illegal foreign exchange and was acting in a manner prejudicial to the augmentation and conservation of foreign exchange.