SURENDRA SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This application has been filed for issuance of a writ in the nature of habeas corpus praying, inter alia, for revocation of the order of detention dated 8th October, 1988 passed by Respondent No. 2, the Joint Secretary to the Government of India, against the petitioner under Section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as the "Cofeposa Act") together with the order dated 29th December, 1988 issued by respondent No. 3, Under Secretary to the Government of India, informing the petitioner that his detention has been confirmed for a period of one year under the provisions contained in Section 8(f) of the Cofeposa Act by the Central Government copies thereof have been annexed as Annexures-1 and 2 respectively.

(2.) The petitioner is the owner of the truck bearing Registration No. PUI 4219 and undertakes the transportation of goods from one place to another as provided under the Common Carrier Act, 1865, throughout the territory of India.

(3.) The petitioner was arrested on 21-5-1988 for alleged violation of Section 11 of the Customs Act read with Section 3(i) of the Import and Export (Control) Act, 1974 in connection with smuggling of foreign synthetic hosiery clothes vide case No. 71/88 dated 20-5-1988 of the Customs Division, Muzaffarpur, and was loaded in Muzaffarpur Central Jail.