SAMAD HABIB MITHANI Vs. UNION OF INDIA

JUDGEMENT

(1.) - By this petition for the writ of habeas corpus the petitioner challenges an order of detention dated the 14th of September, 1982 passed by one B. G. Gujral, Additional Secretary to the Government of India especially empowered under section 3(1) of the conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, with a view to preventing the petitioner from acting in any manner prejudicial to the maintenance of the public order.

(2.) The petitioners case is that on the 22nd of January 1982 his premises were searched and some documents and a sum of Rs. 95,000/- in Indian currency were taken charge of. That he then addressed a letter dated 9th August 1982 to the Deputy Director of Enforcement. That on the 14th of September 1982 the impugned order was passed. That the said order and the grounds in support thereof were served on the Petitioner on the 18th of September 1982. That on the 30th September 1982 the Petitioner filed the Petition challenging the said order. That thereafter he made representations (a) to the detaining authority, (b) to the Central Government, and (c) to the Advisory Board, by his three letters all dated the 2nd of October 1982 addressed to each of the said three authorities. That he received a reply dated the 5th of November 1982 from the detaining authority saying that his representation to the detaining authority was rejected. According to him, there was no reply received to his representations from the Central Government. That he then moved for leave to amend the petition by adding further grounds. That the leave was duly granted and the Petition come to be amended.

(3.) The Respondents have in their reply denied the correctness of the several statements and submissions made by the petitioner.