(1.) By this petition under Art.226 of the Constitution of India, the petitioner prays for issuance of a writ of Habeas Corpus and for setting aside the Preventive Petition Order dated 17-6-1989 (served on the petitioner on 31-5-1989) passed by respondent No. 2 in exercise of powers conferred under Section 3(1)(iii) of the Conservation of Foreign Exchange And Prevention of Smuggling Activities Act, 1974 (for short, the Act).
(2.) Respondent No. 3 herein is the sponsering authority, while respondent No. 4 is the in charge of Central Jail, Indore.
(3.) Respondent claimed having prior information and a constant vigil being kept near Rajani building near Mahatma Gandhi Road, Indore, where, according to the information, a sizable quantity of foreign-mark gold was likely to be carried by the petitioner for further delivery, and a Maruti Car bearing Registration No. CIF-1529, carrying foreign-mark gold biscuits, was intercepted in New Palasia, Indore. The petitioner was found to be occupying the same.