VISHAMBHAR DAYAL GUPTA Vs. STATE OF U.P.
LAWS(ALL)-2002-12-177
HIGH COURT OF ALLAHABAD (AT: LUCKNOW)
Decided on December 11,2002

VISHAMBHAR DAYAL GUPTA Appellant
VERSUS
STATE OF U.P. Respondents

JUDGEMENT

VISHNU SAHAI,J. - (1.) THROUGH this writ petition preferred under Article 226 of the Constitution of India the petitioner detenu Vishambhar Dayal Gupta has impugned the order dated 10-4-2002 passed by the second respondent Mr. C. P. Singh, Deputy Secretary Home Govt. of U.P. Lucknow detaining him under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (Act No. 52 of 1974) (hereinafter called COFEPOSA Act).
(2.) THE detention order along with the grounds of detention, which are also dated 10-4-2002, was served on the petitioner-detenu on 24-4-2002 and their true copies have been annexed as Annexures No. 1 and 5 respectively to the petition. The prejudicial activities of the petitioner-detenu impelling the second respondent to issue the impugned order against him are contained in the grounds of detention (Annexure No. 5). Since in our view a reference to them is not necessary for the adjudication of the pleadings contained in para 27 of the petition, on which alone this writ petition deserves to succeed, we are not adverting to them.
(3.) IN para 27 of the petition it has been pleaded that on 18-5-2002 the petitioner made a representation before the Central Government and the State Government and the said representation has not been disposed of by them expeditiously. It has further been averred that till date the State Government has not disposed of the petitioner's representation.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.