KISHAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Petitioner Kishan Singh, a detenu under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short 'COFEPOSA' hereinafter) was arrested on 24/10/1989 in pursuance of the order dated 8/12/1988.

(2.) Feeling aggrieved by his detention he has invoked the extraordinary jurisdiction of this Court under Art. 226 of the Constitution of India and prayed for quashing the order of his detention dated 8/12/1988 (Annexure-1) as well as order dated 4/01/1990 (Annexure-5) by which after the consideration of the case of the petitioner by the Advisory Board, he was ordered to be detained in custody for a period of two years from 24/10/1989, the date of his arrest in pursuance of the order dated 8/12/1988 (Annexure-1).

(3.) The allegation against the petitioner was that he was involved in nefarious activities of smuggling of Silver and Narcotics Drugs. An order under the COFEPOSA Act was passed against him by the State of Rajasthan on 8/12/1988 on the grounds enumerated in Annexure-2 of the same date. On 24/10/1989, petitioner surrendered before the Customs Officials at Jodhpur and was arrested. Petitioner made representations to the State Government and the Central Government but they were rejected. His representation before the Advisory Board, also met the same fate. The petitioner has now approached this Court.