SINGARAM Vs. UNION OF INDIA

JUDGEMENT

(1.) : This writ petition is filed one Singaran, father of the detenu by name S.Mani, under Art.226 of the Constitution of India, seeking the issuance of a Writ of habeas corpus quashing the order of detention passed by the first respondent and setting the detenu at liberty.

(2.) The impugned order of detention has been made on 25.3.1987 by the first respondent in exercise of the powers conferred by Sec.3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act 1974 (Central Act 52of 1974), hereinafter referred to as the Act, with a view to preventing the detenu from smuggling goods.

(3.) Mr.N.Natarajan, learned counsel for the petitioner has pressed only one contention challenging the validity of the impugned order though several grounds are raised in the affidavit filed in support of the writ petition. According to the learned counsel, considerable time has elapsed between the date of the incident, i.e. on 21.2.86 and the date of the order of detention on 25.3.87 and this long lapse of time which has not been satisfactorily explained by the respondent would vitiate the order of detention.