KISHORI SHARAN GARG Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a special appeal by Kishori Sharan Garg, under Section 18 of Rajasthan High Court Ordinance, 1949, against the order dated the 25. 02. 1992, passed by a learned Single Judge of this Court in S. B. Civil Writ Petition No. 1199/1992, dismissing the said writ petition.

(2.) KISHORI Sharan Garg (appellant) is a resident of Jaipur City and according to him, since the time of his fore-fathers, he has been carrying on business of manufacturing silver ornaments under the name & style of M/s. Jamnalal Sarraf & Co. , 18-B, Ramganj Bazar, Jaipur, and these days, he deals in silver antique ornaments. According to him, he has nothing to do with any smuggling or any anti-national activity.

(3.) LET us at once come to the latest decision of the Supreme Court in Alka Gadia's case (supra), wherein the question involved in this case was considered. The neat question of law that fell for consideration in Alka Gadia's case (supra) was, whether the detenu or any one on his behalf was entitled to challenge the detention order without the detenu submitting or surrendering to it. As a corollary to this question, the incidental question which was needed to be answered was, whether the detenu or the petitioner on his behalf, as the case may be, was entitled to the detention order and the grounds on which the detention order was made before the detenu submitted to the order.