V SIVA PRASAD Vs. STATE OF KERALA

JUDGEMENT

(1.) This Original Petition came up for hearing on 23rd July 1997. Counsel on cither side were not present. Party was also not present. The matter was taken up for hearing and was dismissed.

(2.) The petitioner moved for a rehearing, and the matter was posted for 'to be spoken to on 24th July, 1997, 28th July, 1997 and 4th August, 1997. The matter was heard in length and a detailed judgment is being pronounced. The order of detention under S.3(1)(ii) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act was passed against the petitioner on 23rd February, 1983. At the time of passing the said order, the petitioner was employed in Gulf countries. The reason for passing such order was that when one Abdul Rasheed, who landed in Trivandrum Airport on 13th May, 1982 was apprehended in connection with smuggling of gold, he mentioned about one Rajendran who later disclosed that the latter had obtained assistance from the petitioner in the matter of smuggling of gold. A complaint was filed before the Additional Chief Judicial Magistrate (Economic Offences) Court at Ernakulam against the said these three persons. In that criminal case the second accused had already been acquitted. When the petitioner returned from gulf country in 1995 he knew about the case and moved for bail and was enlarged on bail on 1st March, 1995. While the petitioner was abroad. his wife was being harassed by police. Therefore she filed an Original Petition complaining harassment by police and also challenging the detention order against the petitioner. That Original Petition was dismissed. After the petitioner was enlarged on bail as mentioned above, he has approached this court with this Original Petition seeking a direction to the respondents to refrain from, taking further steps pursuant to the detention order dated 23rd February, 1983.

(3.) When the petitioner was enlarged on bail, the respondents moved that court stating that the petitioner did not disclose about the detention order before the Magistrate Court and the bail order was cancelled and arrest warrant was issued. At that time, the petitioner obtained an interim order in CMP 19965/95 staying all further proceedings pursuant to the detention order on conditions of the petitioner filing undertaking not to leave the limits of Kerala State, to surrender before the Superintendent of Police and file an affidavit undertaking not to leave the jurisdiction of Superintendent of Police, Trivandrum without giving prior intimation to surrender the passport or other travel documents, and that the Superintendent of Police should inform all authorities not to issue a fresh or renewed passport to the petitioner. That order is still in force. The petitioner later moved the Magistrate Court and the warrant was recalled and he was enlarged on bail. During the pendency of the Original Petition he was also acquitted.