RAKESH KAPOOR Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal' Procedure has been brought seeking quashment of detention order dated May 19, 1989, passed by respondent No 2 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.

(2.) Various grounds have been urged in support of the petition but it is not necessary to deal with all those grounds because this writ petition is liable to succeed on a very short ground.

(3.) The petitioner in his representation to the Advisory Board had specifically requested the Board that his co-detenus be examined as his witnesses but the Advisory Board had not acceded to the said request which had resulted in making the detention of the petition illegal.