ACHHAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) DETENU -petitioner Achhar Singh has filed Criminal Writ Petition No. 1470 of 1989 for quashing the detention order Annexure P. A dated 17.6.1988 based on grounds of detention Annexure P/1-A on the grounds (i) that there is neither nucleus nor proximity between the alleged prejudicial activity of November/December, 1987 set out in Annexure.P/1-A and the detention order passed on 17.6.1988, after seven months which was again served on the petitioner through his detention on its basis on 26.12.198 nearly one year and one month after the alleged prejudicial activity aforesaid and (ii) that the detention came to be examined by the Advisory Board on 4.4.1989 and was confirmed by the State Government on the basis or opinion tendered by the Advisory Board on 26.5.1989, much after the statutory period of three months.

(2.) IN para Nos. 8 and 9 of the reply, it was asserted that there was close proximity between the prejudicial activities and the date of the detention order which was also served on the detenu petitioner with due promptitude. Regarding of detenu before the Advisory Board and confirmation of his detention more than three months after 26.12.1988 it was asserted that Declaration No. 6 of 1989 made under Section 9 of Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 was issued by Additional Secretary, duly empowered in this behalf, in file No. 675/1184/88-Cus. VIII on 30th January, 1989 in respect of the petitioner and as such there was no illegality involved therein.

(3.) LEARNED counsel for the petitioner has frankly conceded that after the issuance of declaration No. 6 of 1989 in respect of the petitioner on 30.1.1989, the second ground urged by him for rendering the detention of the petitioner illegal is rendered wholly without merit.