ABDUL AZEEZ Vs. UNION OF INDIA

JUDGEMENT

(1.) The writ petition is filed by T.V. Abdul Azeez, the detenu himself, by staying out of India at Abu Dhabi and by swearing an affidavit from that country. The relief claimed is for a writ of Habeas Corpus and for quashing the order of detention, Ext. P1 and also the further order of rejection of the representation, Ext. P6, dated 18-7-1992.

(2.) Following are the facts:

(3.) According to the respondents a letter dated 9-12-1988 was addressed by the petitioner to one Ismail and the said letter was also seized from the Moosa Koya. Ext. P1 detention order was passed on 22-4-1989 under S.3(1)(ii) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 against the petitioner. Instead of submitting to the authorities and surrendering himself, petitioner sought to remain in Abudhabi and started sending representations. The representation submitted by petitioner's wife was rejected by the 2nd respondent by order dt. 24-7-1990 and is marked as Ext. P3. A search was conducted at the petitioner's residence and a mahazar was prepared on 12-12-1988, which is marked as Ext. P4.