A.C.AGARWAL, A.S.VENKATACHALA MOORTHY
P. V. B. Chary @ Babu Chary – Appellant
Versus
R. D. Tyagi and another – Respondent
A.S. VENKATCHALA MOORTHY, J. :---This petition has been filed by the petitioner-detenu Shri P.V.B. Chary @ Babu Chary praying this Court to issue a writ of habeas corpus or any other appropriate order or direction quashing and setting aside the impugned order of detention bearing No. S.P.L. 3(A)/ PSA. 0194/76 dated 1st August, 1994, issued by Shri R.D. Tyagi respondent No. 1, against the detenu and directing that the detenu be released from the detention forthwith and be set at liberty.
2. The Principal Secretary to the Government of Maharashtra, Home Department passed the impugned order dated 1st August, 1994 who was specially empowered by the Government of Maharashtra under Government Order, Home Department (Special), No. SPL. 3(A)/PSA.1094/1, dated 16th May, 1994, under sub-section (1) of section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (52 of 1974) (hereinafter referred to an 'the Act'), after having satisfied that it is necessary to detain the detenu under the said Act, with a view to prevent him from abetting the smuggling of the goods. The order further reads that the detenu shall be detained in Bombay Central Prison,
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