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1981 Supreme(SC) 321

V.D.TULZAPURKAR
Sunil Dutt – Appellant
Versus
Union Of India – Respondent


JUDGMENT

TULZAPURKAR. J.:— By this petition for issuance of a writ of habeas corpus, the petitioner has challenged his fathers continued illegal detention under S. 3 (1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short the COFEPOSA Act) and has sought his release.

2. A few facts giving rise to the petition may be stated. Bakshi Balraj Dutt, the detenu, was arrested and detained on July 11, 1980 pursuant to a detention order passed by the Administrator, Delhi Administration on July 9, 1980 under S. 3 (1) of the COFEPOSA Act. On the very date on which he was detained i.e. on July 11, 1980, grounds of detention running into 8 closely typed pages were supplied to him. However, copies of the documents and the statements relied upon by the detaining authority, on the basis of which the grounds of detention were made out, were served upon the detenu as late as on July 19, 1980. The detenu made an incomplete representation on July 26, 1980-incomplete because copies of documents referred to in the grounds were served on him on August 4, 1980. The detention was confirmed by the Central Government on Aug. 23, 1980 after obtaining the Advisory








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