I SEKAR Vs. M L WADHAWAN ADDITIONAL SECRETARY TO GOVERNMENT OF INDIA MINISTRY OF FINANCE DEPT OF REVENUE NEW DELHI

JUDGEMENT

(1.) THIS petition has been filed by the detenus under Article 226 of the Constitution of India, for the issuance of a writ of habeas corpus quashing the declaration made against him by the respondent on 25. 11. 1986 under sec. 9 (1) of the Conservation of Foreign Exchange and Prevention of Smuggling activities Act, 1974, hereinafter referred to as the Act, and for setting him at liberty.

(2.) THE brief facts of the case are as follows: On 18. 2. 1986 the petitioner was intercepted at the Airport at Madras on his arrival from Singapore and was found to be in possession of five gold biscuits without any valid permit and they were seized from him. He produced before the Additional Chief metropolitan Magistrate, Madras, on 19. 2. 1986 and was remanded till 5. 3. 1988. He was subsequently released on bail. On 27. 10. 1986, the Deputy Secretary, Public Department, Government of india, passed an order of detention against him under Sec. 3 (1) (i) of the Act, with a view to preventing him from smuggling goods. In W. P. No. 13744 of 1986 the order of detention was challenged by his father. But, the writ was dismissed. Meanwhile, the respondent herein the Additional Secretary to the government of India, made a declaration under Sec. 9 (1) of the Act and it is this declaration that is challenged in this petition.

(3.) IN view of the above conclusion we have arrived at, it is needless to consider the other grounds raised by the petitioner.