LACHHMAN PURSHOTTAM BHAGTANI Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner was detained under section 3 (1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 during the declaration of national emergency on 13-4-1976. However, on the termination of the national emergency on 21- 3-1977 the petitioner was unconditionally released on 22-3-1977.

(2.) DURING the-period emergency was proclaimed the petitioner could not challenge his order of detention and after his unconditional release immediately after the period of emergency the question would have been only academic and was not challenged subsequently by the petitioner.

(3.) AFTER these events of 1977, no steps were taken against the petitioner under the provisions of Smugglers and Foreign Exchange manipulators (Forefeitures of Property) Act, 1976 for a long period of nine years. It was only in the year 1986 that a letter dated 17-9-1986 was received by the petitioner purporting to be under SAFEMA proceedings calling upon the petitioner to furnish requisite information regarding his properties and source of income, etc. The petitioner promptly replied to the same and furnished the required information in November 1986. The above two letters are at Exts. TDT and TET to the petition.