ANAND DAMANI Vs. UNION OF INDIA

JUDGEMENT

(1.) This is a writ application praying for a writ in the nature of Habeas Corpus for release of the petitioner Anand Damani, who was arrested on 9.12.95 on the strength of an order of detention dated 5th January, 1995 passed under the Conservation of Foreign Exchange Prevention of Smuggling Activities Act, 1994 by the Joint Secretary, Cofeposa, Ministry of Finance, Department of Revenue, Government of India, New Delhi on the ground that the detenu had been dealing with the smuggled goods otherwise than by engaging in transporting or concealing of keeping the smuggled goods.

(2.) It is not necessary to consider the facts of this case in details in view of the limited submissions made by Mr. Balai Chandra Roy, learned counsel appearing on behalf of the writ petitioner that in the instant case as admittedly one more vital document viz., B. D. Mall's challans, which was specifically referred to at paragraphs 1, 7 and 28 of the detention order was not supplied in spite of demand being made by the defence and secondly, it was submitted by Mr. Roy that some of the documents on which the detaining authority relied on in the order of detention were illegible and accordingly procedural safeguard as provided under Article 22 of the Constitution of India were not followed.

(3.) Next, it was submitted that in the affidavit-in-opposition filed by the detaining authority the detaining authority had referred to and relied upon on a spot memo. dated 28.4.94 on the basis of which a challan of M/s. S.P. Roadways was found to be fictitious. In this connection the detaining authority in the affidavit-in-opposition has stated as follows :