LAWS(APH)-1986-7-1

RATANCHAND CHUNILAL JAIN Vs. GOVERNMENT OF ANDHRA PRADESH

Decided On July 24, 1986
RATANCHAND CHUNILAL JAIN Appellant
V/S
GOVERNMENT OF ANDHRA PRADESH Respondents

JUDGEMENT

(1.) In this writ petition for the issuance of a writ of Habeas Corpus the validity of the detention of one Mohanlal Chunilal Jain, son of Chunilal, is being challenged. The detenu has been detained under S. 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. The order is made by the Government of Andhra Pradesh on 16-9-1985. He was arrested on 17-12-1985 at Bombay, brought to Hyderabad, and lodged in the Central Jail, Hyderabad, Grounds of detention were served upon him within the prescribed period. He made a representation to the Government. It was rejected on 6-2-1986.

(2.) On 9-1-1986 he was intimated in writing that his case will come up for consideration before the Advisory Board and asked whether be wishes to appear before it. He expressed his willingness to appear before the Board, on 12-1-1986. By letter dt. 29-1-1986, the Government directed the Superintendent of Central Prison, Hyderabad (where the detenu is lodged) to inform the detenu that his case will be taken up for consideration by the Advisory Board at 4.20 p.m., on 18-2-1986. This was done. The Advisory Board met on that day, considered his case and recommended to the Government stating that there is sufficient case for his detention. Accordingly, the Government issued G.O. Rt. No. 723, dt. 25-2-1986 confirming the order of detention for a period of one year from the date of detention.

(3.) In this writ petition several grounds are urged by Sri B. Kumar, the learned counsel appearing for the detenu. It is, however not necessary to deal with all those contentions since we are inclined to release the detenu on the ground, which we now proceed to deal with.