SUBHASH CHANDER GULATI Vs. UNION OF INDIA

JUDGEMENT

(1.) SUBHASH Chander Gulati, the detenu-petitioner has filed this petition for a writ of habeas corpus under Articles 226/227 of the Constitution of India challenging the validity of the detention order dated 7-8-1989 Annexure P-3 passed by the Joint Secretary to Government of India, Ministry of Finance, Department of Revenue, under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (as amended) (hereinafter referred to as the COFEPOSA Act).

(2.) THE facts relevant for the disposal of this petition are that the detaining authority passed the order of detention dated August 7, 1989 under section 3(1) of the COFEPOSA Act directing the detention of the petitioner with a view to preventing him from acting in any manner prejudicial to the augmentation of foreign exchange. It appears that the petitioner was not available and this detention order was served upon the petitioner on 29-8-1989 and the grounds of detention Annexure P-4 were supplied to him on that very date. The grounds of detention reveal that on 2-5-1989, the officers of the Punjab Police searched the business premises of M/s Golden Silk Store, Rainak Bazar, Jalandhar, and recovered the following documents, foreign currency and Indian currency,:

(3.) ON notice, in the counter affidavit filed by the Joint Secretary to the Government of India, Ministry of Finance, Department of Revenue, the allegations of the petitionr have been controverted.