HARPAL SINGH YADAVA Vs. SUPDT CENTRAL JAIL VARANASI

JUDGEMENT

(1.) By this Habeas Corpus Writ Petition No. 8419 of 1983 Under Article 226 of the Constitution the petitioner, Harpal Singh Yadava, has challenged his detention order passed under Section 3(1) of the Conservation of foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as the COFEPOSA Act), by the State of UttarPradesh, on 30th August. 1932.

(2.) The detention order against the petitioner was passed by the State Government on 30-8-1982. As the petitioner was alleged to have been absconding, the detention order was served on him on 19-4-1983 when he was lodged in the Central Jail, Varanasi, after his arrest on 18-4-1983 by the officers of the Customs Department, Ghaziabad. The grounds of detention were also served on him the same day in the aforesaid jail. He submitted his representation against the detention on 29-4- 1983 His matter was also placed before the Advisory Board that opined that there was sufficient cause for the detention of the petitioner and forwarded its opinion to the State Government on 20-5-1983.The State Government on 2-6-1983 had confirmed the detention order.

(3.) The petitioner thereafter submitted another representation under Section 11 of Cofeposa Act for revocation of is detention order on 21-6-1983 to the Superintendent, Central Jail, Varanasi. This representation was received by the State Government on 28-6-1983 and was disposed of on 14-7- 1983 by a rejection order passed by the Chief Secretary of the Uttar Pradesh Government.