HUKUM CHAND JAIN Vs. UNION OF INDIA & ORS.
LAWS(CAL)-1976-1-43
HIGH COURT OF CALCUTTA
Decided on January 22,1976

HUKUM CHAND JAIN Appellant
VERSUS
Union of India And Ors. Respondents

JUDGEMENT

- (1.)In this application, the respondent Nos. 1,5,6,7 and 8 have prayed for vacating the interim order of injunction, which was issued on 8th May 1975, i.e. at the time of the issuing the Rule, or for modification and variation of the same.
(2.)On 8th May 1975, the petitioner obtained the connected Rule in terms of prayers (a), (b), (c) and (d) of the petition of motion and also an order of injunction restraining the respondents, their agents and subordinates from proceeding with and/or taking any action against the petitioner in respect of the seizure made on 5th July 1974, from the common passage of the premises No. 14 Pollock Street, Calcutta and also for restraining them from arresting the petitioner under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as the said Act) and/or from passing and/or serving any order under the said Act on him till the disposal of the Rule.
(3.)The prayers in the petition, which would be of some relevance, in view of the submissions made in this application, are quoted hereunder:-
"(a) a Writ in the nature of Mandamus commanding the respondents to proceed in accordance with law and directing them to rescind recall, cancel and/or withdraw the said Search Authorisation No. 226/F of 1974 issued by the Respondent No. 6 the Proclamation of Emergency dated 3.12,1971, the order dated 23.12. 1974 passed by the President of India and the order of detention under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act if already passed by the respondents and to forbear from taking any action under the provisions of the said Act and Customs Act, 1962 against your petitioner in respect of the seizure made from the common passage of the Premises No. 14, Pollock Street, Calcutta on 5.7.74.

(b) a Writ in the nature of Certiorari calling upon the respondents to certify and transmit the records of the case relating to the order and proceedings referred to in the prayer (a) of the petition so that conscionable justice may be rendered by quashing and/or setting aside the same.

(c) a declaration that the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 is ultra virus and/or violative of Articles 14, 19, 21 and 22 of the Constitution.

(d) a declaration that the order dated 23.12.74 issued by the President of India under Art. 359 (1) of the Constitution of India is void and ultra vires the Constitution of India.

(e) a rule do issue in terms of prayers (a), (b), (c) and (d) above.

(f) Interim order restraining the respondents, their agents and subordinates from proceeding with and/or taking any action against the petitioner in respect of the aid seizure made on 5.7.74 from the common passage of the premises No. 14, Pollock Street, Calcutta and also restraining them from arresting your petitioner under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 and/or from passing and/or serving any order under the said Act on your petitioner till the disposal of the Rule,

(g) any other writ or writs, order or orders and/or direction or directions as may be deemed fit aad proper,

(h) costs of and incidental to this application."

;


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