GURBAX SINGH Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) GURBUX Singh Petitioner in Criminal Writ No. 34 of 1978 and Hazara Singh in Criminal Writ No. 35 of 1978, were detained by separate though similarly worded orders dated 23rd January, 1978, passed under Sub -section (1) of Section 3 of the Conservation of Foreign Exchange and prevention of Smuggling Activities Act, 1974 (hereinafter referred to as the Act). These petitions came up for hearing in the first instance before C.S. Tiwana, J. Before him one of the contentions advanced, on behalf of the Petitioner -detenus, was that the impugned orders had been signed by Deputy Secretary Home and he not being competent to pass the orders under Sub -section (1) of Section 3 of the Act, the orders detaining the Petitioners were without jurisdiction and illegal. In support of this submission the learned Counsel for the Petitioners relied on a Single Bench decision of this Court referred in Narinder Singh v. The State of Punjab etc. Cr. W. No. 58 of 1978 decided on 17th August, 1978 and pressed to attention the following observation of the learned Judge:

(2.) TIWANA , J., finding himself in disagreement with the aforesaid observation has referred the two petitions to us for determining the question which he formulated in the following words:

(3.) A perusal of the provisions of Section 3(1) of the Act would show that the detention order of the kind inter alia can be passed by the State Government or any officer of the State Government, not below the rank of a Secretary to that Government specially empowered for the purpose of the said section by the State Government. That means that the orders can be passed by the State Government as also by the Secretary of the State Government, if so specially authorised.