A.P.SEN, S.NATARAJAN
Pushpadevi M. Jatia – Appellant
Versus
M. L. Wadhawan, Additional Secretary, Government Of India: Union Of India – Respondent
ORDER :- This petition for special leave directed against the judgment and order of the Bombay High Court dated May 3, 1986 and the connected petition under Art. 32 of the Constitution raise common questions and therefore they are disposed of by this common order. The petitioner by a petition under Art. 226 filed before the High Court prayed for the issuance of a writ of habeas corpus which is also the prayer before us for the release of her husband Mohanlal Jatia, who has been detained by an order of the Additional Secretary to the Government of India, Ministry of Finance, Department of Revenue dated December 13, 1985 under sub-s. (1) of S. 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 on being satisfied that it was necessary to detain him "with a view to preventing him from acting in any manner prejudicial to the augmentation of foreign exchange."
2. Intelligence gathered by the Directorate of Revenue Intelligence, Bombay was that one Subhash Gadia, the brother-in-law of the detenu Mohanlal Jatia, a very rich and prosperous businessman of Bombay, was under-invoicing the imports of yarn from Japan. On the basis of the said information t
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relied on : Gokaraju Rangaraju v. State of Andhra Pradesh
relied on : Mangalbhai Motiram Patel v. State of Maharashtra
Narendra Purshotam Umrao v. B. B. Gujral
Khudiram Das v. State of West Bengal
distinguished : Mohd. Shakeel Wahid Ahmed v. State of Maharashtra
Ashadevi v. K. Shiveraj Additional Chief secretary to the government of Gujarat
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