CHANDA RANI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) THIS petition under Article 226 of the Constitution has been filed by Smt. Chanda Rani, wife of Dha-ram Dev who has been detained by virtue of an order dated 21-2-75 passed by the Government of U. P. , under Section 3 (1) (iii) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (Act 52 of 1974) hereinafter referred to as the 'act'. She has prayed for the issue of a writ, order or direction in the nature of habeas corpus commanding the opposite parties to present the detenu in this Court and direct that he be set at liberty forthwith, a writ, order or direction in the nature of certio-rari quashing the impugned orders contained in Annexures 16 and 17 of the Writ Petition, a writ, order or direction in the nature of mandamus commanding the opposite parties to return the sum of Rs. 4,040 to Sri Pribh Das said to have been illegally seized from his premises, a writ, order or direction in the nature of certiorari be issued quashing the proceedings of the impugned search conducted on 20-275 at Railway Quarter No. II-165a Rest Camp Colony, Charbagh, Lucknow and order or direction declaring the provisions of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (Act No. 52 of 1974 ultra vires Articles 14, 19 and 22 of the Constitution of India.

(2.) AFTER hearing the learned Counsel for the petitioner as well as the opposite. parties at great length and after giving our thoughtful consideration to the facts of the case, we came to the conclusion that the petition lacked merits. We, therefore, by order dated 23-5-1975 rejected the petition with costs stating therein that our reasons shall follow later on. We now proceed to give our reasons.

(3.) ACCORDING to the petitioner, the father of the detenu, Dharam Dev, resides at Railway Quarter No. II-165a Rest Camp Colony, Charbagh, Lucknow, whereas the detenu along with the petitioner resided at 306, Gandhi Nagar, Chhitwapur Pajawa, Lucknow. The petitioner is doing business in the name and style of Messrs. Pavan Traders at K-5, Kamla Market, Aminabad, Lucknow. Her husband Dharam Dev looked after the affairs of the business. The mother of the detenu and his sister had also started a business of wholesale chemists and druggis's under the name and style of Pa wan Pharma at 6 Khiamal Market, Aminabad, Lucknow and the opening ceremony of the said shop was to be held on 18-9-1974. On that very date the Customs Authorities made a search of the shop of Pawan Traders but they found no contraband or smuggled articles therein.