MRUGESH JAYKRISHNA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This petition seeks a writ to quash the order of detention dated 18th December, 1985 (now called the impugned order) issued against the petitioner under the provisions of Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, (hereinafter called the "the Act").

(2.) On 19th March, 1985 the petitioner was arrested by the Customs authorities in connection with the seizure of foreign exchange from one Amin and one Nanavati at the Sahara Airport at Bombay. On 20th March, 1985 he was produced before the Additional Chief Metropolitan Magistrate, Esplanade Court, Bombay, and remanded to judicial custody. On 9th April, 1985 an order of detention (now called the earlier order) bearing the same date was issued by the State of Maharashtra (the respondent) under the Act and was served on the petitioner while he was in judicial custody. On 13th April, 1985 the grounds of detention and the documents in support thereof were served upon the petitioner. The grounds were based upon the seizure of foreign exchange on 19th March, 1985.

(3.) On 30th May, 1985 a habeas corpus petition (being Criminal Writ Petition No. 347 of 1985 was filed in this Court by the petitioners uncle challenging the earlier order. In September, 1985 the petitioner was heard by the Advisory Board constituted under the Act. On 23rd September, 1985, pursuant to the report of the Advisory Board, the respondent revoked the earlier order.