Judgment

JASWANT SINGH, J. (on behalf of A. N. Ray C. J. and himself) :- These appeals, some of which have been preferred by certificates granted under Articles 133 and 234 (1) (c) of the Constitution and others by special leave granted by this Court under Article 136 of the Constitution, and which are directed against various final and interim judgments and orders of the High Courts of Bombay and Karnataka passed in writ petitions filed under Articles 226 and 227 of the Constitution by or on behalf of certain persons who are detained under orders of the appropriate authorities made under Section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (Act No. 52 of 1974) (hereinafter referred to as the Act) complaining of certain constraints imposed on them under orders made under Section 5 of the Act and claiming facilities in excess of those provided in the said orders, shall be disposed of by this judgment. A gist of the orders appealed against an particulars of the petitions in which they have been passed are given in the sub-joined table for facility of reference :-

First batch of appeals.

Sr. No. No. of appeal. Date of the order appealed against. No. of the application in which the order appealed against has been passed. Name of the High Court which passed the order Name of the detenu in whose favour or against whom the order appealed against has been passed. Substance of the order appealed against.

1. Crl. A No.310/1976 1-9-1975 Crl. Application No. 20/1975 Bombay Krishna

Budha

Gowda Clauses 9 (iii), 10, 12 (ii) and (xi), 19; 20, 21, 23, 24 and 31 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities (Maha-rashtra Conditions of Detention Order, 1974 stuck down and directions issued requiring the detaining authority to keep the detenu under detention as a civil prisoner within the terms of and in all respects in conformity with the provisions of the Prisons Act, 1894 and further directing the detaining authority to permit the detenue to maintain himself by receiving such funds not exceeding the sum of Rs. 200/- per month as he may desire to have for that purpose for any of his relatives or friends, and to purchase or receive from private sources at proper hours food, clothing, bedding, and other necessaries, including toilet requisites, toilet soap, cigarettes and tobacco, subject to examination and to such rules, if any, as may be approved by the Inspector General, as also to permit the detenu to meet persons with whom he may desire to communicate at proper times and under proper restrictions.

2. Cri. A. No. 363/1976 - do - - do - - do - - do - - do -

3. Crl. A. No.397/1976 3-9-1975 Crl. Application No. 792/1975 Bombay Ghamandiram -do-

Kewalji

Gowani

1032

Second batch of appeals.

1. Crl. A. No. 348/1976 Interim order dated 14-7-1975 Crl. Application No. 794/1975 Bombay Ramlal Narang Directions issued to the detaining authority to permit the detenu (1) to have his food from outside at his own expense, subject to routine check; (2) to have one interview with his legal advisers for two hours in the presence of a Customs Officer, but not within his hearing; (3) to have one interview per month with any of the family members, which should be in accordance with and subject to sub clauses (iii), (vi), (vii) and (ix) of clause 12 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities (Maharashtra Conditions of Detention) Order, 1974.

2. Crl. A. No. 350/1976 Interim order dated 9-7-1975 Crl. Application No. 784/1975 Bombay Yusuf

Abdulla

Patel Directions issued to the detaining authority (1) to permit the detenu to have his food from outside at his own expense subject to routine check; (2) to have the detenu examined at least once a week by Doctors at St. Georges Hospital and to permit the detenus doctor being present at such examination; (3) to permit the detenu to take specially prescribed medicines at his own cost; (4) not to remove the detenu to