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1981 Supreme(SC) 473

A.P.SEN, BAHARUL ISLAM
Satpal – Appellant
Versus
State Of Punjab – Respondent


Advocates:
A.Subhashini, G.S.NARAYAN, Harjinder Singh, M.S.Dhillon, O.P.Sharma

Judgment

SEN, J.:- This petition under Art. 32 of the Constitution by one Sat Pal seeks issuance of a writ of habeas corpus challenging the validity of the order of detention passed by the State Government of Punjab on May 12, 1981, under sub-sec. (1) of See. 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act. 1974 (hereinafter referred to as the Act), on being satisfied that his detention was necessary with a view to preventing him from smuggling goods. The question at issue is whether the failure of the State Government of Punjab to forward the representation made by the detenu to the Central Government for revocation of his order of detention under Section 11 of the Act with reasonable despatch renders his continued detention invalid.

2. It appears that the detenu was apprehended on June 28, 1981, and served with the order of detention together with the grounds of detention as well as with copies of documents and statements relied upon in the grounds of detention. On July 4, 1981, while the detenu was under detention his counsel Shri Herjinder Singh addressed a registered letter to the Superintendent of Jail, Central Jail, Amritsar, enclosing ther





















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