VYAS PRASAD SON OF JOKHO SAH, R/O NAGA ROAD Vs. STATE OF BIHAR THROUGH ITS CHIEF SECRETARY, OLD SECRETARIAT, GOVT.OF BIHAR, PATNA

JUDGEMENT

(1.) Heard Mr. Chakradhari Sharan Singh for the petitioner, and Mr. Kumar Udai Bhanu Rai, learned Government Advocate No. 4. This writ petition has been preferred for a direction to quash the order of detention passed by the respondent authorities against the petitioner under the provisions of Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter to be referred to as the 'Act'). The respondents have placed on record their counter affidavit(s) and have supported the grounds of detention.

(2.) A brief statement of facts essential for disposal of the writ petition may be indicated. The respondent authorities suspected one Nawal Singh, Vyas Prasad (the present petitioner), and his son Umesh Prasad, of illegally exporting foodgrains to Nepal by road. Therefore, the impugned order of detention was issued on 9.4.2009 (Annexure-1), under the provisions of Section 3(i) of the Act, read with Article 22(5) of the Constitution of India.

(3.) Learned counsel for the petitioner has made elaborate submissions in support of the writ petition. We do not propose to note his submissions, let alone dealing with the same, because the writ petition can be disposed of on one short ground.