JAYANTIBHAI G PATEL Vs. UNION OF INDIA

JUDGEMENT

(1.) BY order No. 1135 h S (C) dated 8th April. 1974, issued in exercise of powers conferred by section 3 (1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as the said Act), the petitioner was directed to be detained and thereafter by another order of that date bearing No. 1136 HS (C)it has further been directed that while on detention, the petitioner shall be treated as Division II under trial prisoner under the West Bengal Jail Code Against the said orders amongst others the petitioner on 5th December 1975 moved and obtained the Rule. At the time of issuing the said Rule, which was made returnable within ten weeks, it was directed that although no interim order was issued at that stage, the petitioner would be entitled to renew the prayer for necessary interim orders on that application with notice to the Respondent No. 4, viz. , the Superintendent, presidency Jail. It appears from the affidavit of service filed in Court that service on the said Respondent No. 4 has been duly made.

(2.) THE petitioner has renewed his prayer for ad interim orders not in terms of prayer (j) of the petition but in terms of prayer (i) of the same which is to the following effect :

(3.) IN support of his contentions mr. Gooptu submitted with reference to the statements contained in the petition about the social status, financial and educational qualification and also the way of life to which the petitioner is used to. These statements do get support from the statements in paragraphs 1,2,3 and 5 of the petition. That a part, with reference to the statements contained in paragraph 6 of the petition, it was also contended that the petitioner has several other ailment and he is also accustomed to special diet of a particular kind and he requires constant care and attention. It has been alleged that the petitioner is not getting such diet and in fact he is now detained with the convicted criminals and has been kept in sub-human conditions and environments. With reference to the provisions of Rule 617b of the Jail Code, which are to the following effect :