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  • Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974
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  • Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974

    Smt Taramati Chandulal Sejpal v. State Of Maharashtra And Another

    S. Murtaza Fazal Ali, J.— This habeas corpus petition has been filed by the wife of the detenu on his behalf. The detenu was arrested under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 and the order of detention was passed on October 27, 1980. The detenu was, however, arrested on October 29, 1980 when the grounds of detention were served on him, but some documents relied upon in the order of detention were not supplied to the detenu as part of the grounds along with them. On the other hand the documents were supplied to the detenu in three instalments on November 8, 1980, November 17, 1980 and December 20, 1980. Thus the detenu was deprived of the opportunity of making an effective representation as held by this Court. It is manifest that the order of detention is rendered void and this case is clearly covered by a series of decisions of this Court particularly in Icchu Devi Choraria v. Union of India (1980) 4 SCC 531 and also in Kamla Kanyalal Khushalani v. State of Maharashtra (1981) 1 SCC 748.

    2. For these reasons the writ petition is allowed and the continued detention of the detenu being void the detenu is directed to be released forthwith.

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    Smt Taramati Chandulal Sejpal v. State Of Maharashtra And Another
    (Jan 23, 1981)