- (1.) Special leave granted. Arguments heard.
(2.) This appeal on special leave is against the judgment dated 10th June, 1988 made by High Court of Allahabad dismissing Criminal Writ Petition No. 257 of 1988 instituted by the detenu.
(3.) The facts giving rise to this appeal are that on August 25, 1987 the house of the appellant was searched by the officers of the Enforcement Directorate under Section 37 of Foreign Exchange Regulation Act, 1973 and they seized currency notes of Rs. 1 lakh and four bank drafts amounting to Rs. 30,000/- bank pass book and loose sheets Nos. 1 to 44 as per item No. 2 in panchnama dated August 25, 1987. The statement of detenu was recorded and he was arrested on the same day. On August 26,4987 the detenu made an application in the Court of Addl. Chief Metropolitan Magistrate, 8th Court at Esplanade retracting his statement. The Magistrate made an order thereon that "Taken on record". An application for bail was moved on September 15, 1987 and an order had been made on that day releasing him on bail of Rs. 1 lakh with a condition imposed that he would attend Enforcement Department Office every day between 11 a. m to 2 p.m. until further order. The detenu filed an application on September 22, 1987 for variation of the said conditional order and the condition was varied by the Magistrate by directing that the detenu may attend the Enforcement Department as and when required. The Enforcement Directorate sent a letter directing the detenu to collect his passport deposited during the time of questioning. The passport however, remained with the Enforcement Department. Thereafter, on February 9, 1988 the impugned order of detention of the detenu in Central Prison, Bombay was made by the respondent No. 1, the Joint Secretary., Government of India. The order of detention was served on the detenu on February 19, 1988 and the grounds of detention were furnished to him.;