SHOBHA JAYAPRAKASH Vs. UNION OF INDIA

JUDGEMENT

(1.) PETITIONER 's husband is languishing in the Central Jail, Thiruvananthapuram for the last nine months. We think time has come for his release.

(2.) PETITIONER is the wife of the detenu, Sri Jayaprakash. In this petition filed under Article 226 of the Constitution of India, petitioner calls in question the legality or otherwise of the order of detention passed by the detaining authority, the Joint Secretary to the Government of India under S.3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (as amended) hereinafter for the sake of brevity referred to as "the Act". The detaining authority after recording his subjective satisfaction on the basis of the materials available with him, has opined, that with a view to prevent the petitioner's husband from acting in any manner prejudicial to the augmentation of foreign exchange resources of the country in future and from acting in any manner prejudicial to the conservation of foreign exchange and prevention of smuggling activities, that necessary orders requires to be passed under S.3(1) of the Act to detain the petitioner's husband, Sri Jayaprakash and accordingly, in exercise of the ((THELAW)) 2009(2) KLT INFOTECH VerDIS � Page 2 of 192007 (4) KLT Suppl. 7 powers under S.3(1) of the Act, the detaining authority has ordered for detention of the petitioner's husband Sri Jayaprakash in custody in Central Jail, Thiruvananthapuram. In so far as the petitioner's husband is concerned, the detaining authority in the grounds of the detention order passed on 27-11 -2003 supplied to the detenu has stated as under: "During the course of investigations, the Directorate further noticed that funds were transferred from Shri V. Abdul Kareem's account to your S.B. A/c. No, 22055 with M/s Lord Krishna Bank, Thrissur. Your address was given as Devaki Villa, Parlikkad P.O., Wadakkancherry. You were found to be maintaining the following bank accounts; --------------------------------------------------------------------------------------------------------------------- Sl. Name of the Bank Current Amount Period of No. A/c No. (in Rs.) transaction -------------------------------------------------------------------------------------------------------------------------------------------------- 1. Lord Krishna Bank, 22055 15,46,31,500 11-10-1999 to Thrissur 5-2-2001 2. Lord Krishna Bank, 3000 1,58,53,518 5-4-2000 to Thrissur 9-2-2001

(3.) THE detaining authority has also informed the petitioner, that, he has a right to make a representation against his detention order to the detaining authority, the Central Government as well as the Advisory Board. He has also informed him, that he has a right to be heard in person by the Advisory Board. He has also further informed the petitioner's husband that he has a right of making representation through the jail authorities either to the detaining authority or to the Central Government or to the Advisory Board.