ANDREW WERNER Vs. UNION OF INDIA

JUDGEMENT

(1.) An order of detention made on 23-12-1995 by the specially empowered officer viz., the Secretary to Government (Political), General Administration Department, Government of Andhra Pradesh in No.2367/1, L & O-II/95-01, under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short the COFEPOSA Act) read with G.O.Ms. No.621, General Administration (General.A) Department, dated 15-11-1990, detaining one Lackner Warner, son of Oto Lackner under Secti on3(l)(i) and (iii)of the above Act is questioned in this writ petition by way of Habeas Corpus by one Andrew Werner claiming to be a friend of the detenu.

(2.) On 30-11-1995, the detenu was arrested by the officers of the Directorate of Revenue, Intelligence at the Begumpet Airport, Hyderabad when he landed at the Airport having travelled by Flight I.C. 592 from Muscut and 66 gold biscuits were seized from his possession. There was another woman passenger by name Ms. Ute Eva Schulz who arrived by the same flight and she was also arrested and from her possession 72 bars of gold were seized. The order of detention dated 23-12-1995, challenged in this writ petition was passed by the specially empowered officer in connection with the aforesaid seizure.

(3.) The grounds of detention were served on the detenu on 29-12-1995 by a letter dated 23-12-1995 in No.2367/L & O-II/95-03. The grounds of detention inter alia state that: