Kamleshwar Nath, J. - (1.) THE order of detention of Kasim Khan, the nephew of petitioner Ali Hasan Khan, passed on 19-3-1984 under section 3 (1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act 1974 (hereinafter referred to as COFEPOSA) followed by his physical detention since 25-3-1984, confirmed by the State Government orders dated 9-5-1984, has been sought to be questioned and the detenu to be released by this petition for a writ of Habeas Corpus.
(2.) ON 15-9-1983 at about .12.30 Ambasdor Car USS 5723, carrying 4 persons, including the detenu, was called to stop at Katra Chauraha in Basti by a police party. The inmates of the Car fired at the police party. By return fire, the car was brought to a forced stop, causing a collision and some injuries. ON search of the persons and vehicle, a country made unlicensed pistol with some cartridges and foreign goods worth Rs. 36,013/- were recovered from the person of the detenu and the interior of the car respectively. The recovered goods and the car-occupants were handed over to the Custom authorities. On 16-9-1983 the detenue made a statement to the Custom authorities admitting that the foreign goods were purchased by him from Chand Stores, Krishna Nagar, Nepal, and were being carried for sale in Rahmani Market Kanpur. Further statement of the detenu was taken on 19-9-1983. Detention order dated 19-3-1984 (Annexure-1 to the petition) issued by the Joint Secretary (Home) to the State Government of U. P. was served upon the detenu on 25-3-1984 and he was detained in the Central Jail Agra. Shortly thereafter, the grounds of detention were served upon the detenu who sent information by post to the petitioner. The detenu was given an opportunity to make his representation.
(3.) ACCORDING to the petitioner's affidavit, he was not permitted to interview the detenu in Central Jail Agra on 8-4-1984 for lack of permission of District Magistrate, Gonda. The petitioner applied for permission to District Magistrate Gonda on 11-4-1984, but no orders were communicated. On 12-4-1984 the petitioner made a petition to the Home Secretary of the State Government by Registered post informing that no Pairvi could be done for the detenue because of inability to interview the latter; it was requested that the Officers of Central Jail Agra be directed to permit the petitioner to interview the detenu so that necessary Pairvi in the matter of his detention might be done. ACCORDING to the petitioner's affidavit, he did not receive any reply to the petition. In the meantime, the detenu was transferred to (Unnao Jail. It is stated that, for these reasons, no representation against detention etc. could be made.;