ANIL KUMAR Vs. SUPERINTENDENT CENTRAL JAIL NAINI

JUDGEMENT

(1.) Anil Kumar has filed the present Habeas Corpus petition under Art. 226 of the Constitution of India praying that the detention of the petitioner in case No. Nil of 1990 under Ss. 104/111 and 135 of the Customs Act and S. 13 of the Foreign Exchange Regulations Act pending in the court of the special Chief Judicial Magistrate, Allahabad, be declared illegal and the petitioner be set at liberty forthwith.

(2.) Along with this habeas corpus petition, Habeas Corpus Petition No. 7642 of 1992 between the same parties which Anil Kumar had preferred challenging his detention under the COFEPOSA was also heard. In that petition the petitioner's release was directed on the short technical ground that only about 2 weeks remained in the period of detention and, therefore, the merits of the matter were not gone into.

(3.) It may only be relevant to state here that the petitioner was arrested on 6-11-1990 at 5-30 hrs. with contraband gold in his possession in Behraich. Since cases under the Customs Act are triable at Allahabad by special C.J.M. he was lawfully produced before him.