ABRAHAM C JOSEPH Vs. UNION OF INDIA

JUDGEMENT

(1.) This Writ Petition is filed seeking issuance of a writ of habeas corpus in re Alex C. Joseph, detained in terms of an order under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, hereinafter, the Act'. That order of detention passed on 13.4.2000 was executed on 8.11.2011 after apprehending him on 6.11.2011. The petitioner says that he is the brother of the detenu. The modus operandi attributed to the detenu and the different proceedings under the Customs Act and other provisions, as also the allegation that he had used different passports, are not matters for consideration by us, now. We say this because, hearing the learned Senior Advocate for the petitioner, the learned Assistant Solicitor General on behalf of the Union of India and the learned Advocate appearing for the Directorate of Revenue Intelligence, the sponsoring authority, in the light of the materials and affidavits on record, we are of the view that what is of prominence, with the passage of time, is to see whether the continued detention after the proceedings before the Advisory Board in terms of S.8 of the Act is lawful.

(2.) In the Writ Petition, the petitioner specifically contends that a bunch of 253 pages was produced before the Advisory Board, on 14.1.2012, the only date of hearing, at Thiruvananthapuram, and though the detenu, assisted by an advocate, had sought adjournment to look into those materials, no opportunity to represent against those documents was given by the Advisory Board. Grounds F and G of the Writ Petition are relevant in this context. They read as follows:-

(3.) All that we have in answer by the detaining authority to the aforesaid plea on behalf of the detenu, is in paragraph 11(g) of the counter affidavit sworn to on 2.3.2012, on behalf of the Union of India and Joint Secretary, Government of India, Department of Revenue, who are respondents 1 and 2 in the Writ Petition. That reads as follows: