HYDER ALI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) : This writ petition is filed by one Hyder Ali under Art.226 of the Constitution of India seeking the issuance of a writ of habeas corpus quashing the impugned order of detention, dated 9.5.1986 passed by the Government of Tamil Nadu, the first respondent and setting the detenu Ibrahimsa alias Uthaman Labbai, son of Sadakathullah, at liberty. The petitioner is the brother of the said detenu.

(2.) THE impugned order of detention has been made by the first respondent in exercise of the powers conferred by Sec.3(1)(i) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (Central Act 52 of 1974) (hereinafter referred to as the Act) with a view to preventing the detenu from smuggling goods. -

(3.) THIS contention is raised in paragraph 3(b) and (d) of the petitioners affidavit, which reads thus: