K V JESUDASAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This is a petition under Art.226 of the Constitution of India, by the detenu himself for the issuance of a writ of habeas corpus praying this Court to quash the order of detention passed against him by the first respondent and to set him at liberty.

(2.) The order of the detention was passed by the first, respondent on 10-3-1987 in exercise of the powers conferred by S.3(1)(iii) and 3(1)(iv) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act 1974 (Central Act 52 of 1974) with a view to preventing him from engaging in keeping smuggled goods and dealing in smuggled goods, otherwise than by engaging in transporting or concealing or keeping smuggled goods.

(3.) A request was made by the detaining authority to the Central Government for a declaration under S.9(1) of the Conservation of foreign Exchange and Prevention of Smuggling Activities Act 1974, on 18-3-1987, and a reply was received from the Central Government by the Collector of Customs, Madras, on 3-4-1987 to the effect that a declaration under S.9(1) was not issued in respect of the petitioner-detenu; but the order of detention passed by the first respondent is a alive.