NARESH CHAND JAIN Vs. M V N RAO ADDITIONAL SECRETARY

JUDGEMENT

(1.) By this writ petition under Article 226 of the Constitution of India challenge is made to the order of detention dated January 27, 1984 passed by Shri M.V.N. Rao, Additional Secretary to the Government of India, Ministry of Finance, Department of Revenue, New Delhi respondent, under the provisions of Section 3( 1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short the COFEPOSA), and the continued detention of the petitioner there under. As per the grounds of detention the residential premises of the petitioner at 2388, Chhippiwara, Jama Masjid, Delhi were searched by the officers of the Directorate of Revenue Intelligence on SeptBember 9,1983 As a result of the search 12 gold biscuits of foreign origin each weighing 10 tolas, Indian currency of Rs. 3,29,629.00 foreign currenecey of 37 coues, travellers cheques of 6 foreign countries and certain documents were seized from the house of the petitioner. The order of detention was passed against the petitioner with a view to preventing him from acting in any manner prejudicial to the augmentation of foreign exchange.

(2.) . The order of detention was served on the petitioner as late as on November 10, 1987. During the in between period of about three years the petitioner had obtained orders of stay from executing the order of detention on two occasions from two different High Courts. On February 17, 1984 the petitioner had obtained an order staying the operation oftheorder of detention for a period of three month from the Calcutta High Court That petition was dismissed as withdrawn on February 26, 1985. There after the Jammu & Kashmir High Court by its order dated May 8, 1985 had stayed the arrest/detention of the petitioner on a petition filed by him before that Court. That ex parte stay order was later vacated by the Jammu & Kashmir High Court on September 16, 1985. Thereafter the petitioner remained absconded. He again filed a writ petition before this Court praying for quashing of the order of detention on the ground that after the petitioner was ordered to be released on bail by this Court the petitioner had been meticulously complying with the conditions of the bail and further that the purpose of his detention order has been served inas- much as more than three years bad already elapsed since September 9, 1983 on which the search of the petitioner's premises was made and on which date the contrabands was alleged to have been found from the house of the petitioner. This petition was dismissed by a Division Bench of this Court by its order dated November 7, 1987. The petitioner again managed to evade his arrest pursuant to the order of detention. He was ultimately detained with effect from November 10, 1987. The petitioner again filed a writ petition under Article 226 of the Constitution before this Court. That was dismissed as withdrawn on May 10, 1988. 'It is after that that the present petition was filed by the petitioner.

(3.) . Mr.Madan Lokur, learned counsel for the respondents, has, however, stated that as the respondent bad not taken any ground in the return as filed by it such as that the present petition is barred on the principles of res judicata or being an abuse of the process of the Court, he would not like to urge any such ground and that the petition may be considered and disposed of on its own merits.