AVTAR CHAND KEHAR Vs. UNION OF INDIA

JUDGEMENT

(1.) By this petition the petitioner, a detenu under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act 1974 (for short 'the Act'), seeks to have the order of detention quashed. The petitioner was detained in pursuance of an order dated 13-10-1988 made by Mr. K.L. Verma, Joint Secretary to the Government of India, specially empowered under S.3(1) of the Act. The order was made with a view to preventing the petitioner from smuggling goods. The petitioner was communicated the grounds on which the order of his detention had been made as required under Sub-Sec. (3) of S.3 of the Act. This is for the purpose of Cl.(5) of Art.22 of the Constitution.

(2.) There are various grounds challenging the detention of the petitioner but before us attack has been confined only to one ground as set out in para 11 of the petition, and this is as under :-

(3.) At this stage, itself, reply of respondents Nos. 1 and 2 to this ground may be stated and it is as under :-