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RAMANUJULU NAIDU, IYYAPU PANDURANGA RAO
Mohammed Nahdi – Appellant
Versus
Joint Secretary to Government of India, Ministry of Finance – Respondent


JUDGMENT

Ramanujulu Naidu, J. - This is a petition filed under article 226 of the Constitution of India for issue of a Writ of Habeas Corpus directing the respondents to produce before this Court, Mr. Mohd. Ahmed Nahdi alias Yousuf, brother of the petitioner, at present lodged in the Central Prison, Hyderabad, and release him forthwith after quashing the Ordered dated 27.7.1990 passed by the 1st respondent in exercise of the powers conferred upon him under section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, as amended, hereinafter referred to as "the Act", directing his detention in the Central Prison, Hyderabad, as illegal.

2. The order of detention reads that it was passed with a view to preventing Mr. Mohd. Ahmed Nahdi Alias Yousuf, hereinafter referred to as "the detenu" from acting in any manner prejudicial to the augmentation of foreign exchange. Pursuant to the order of detention the detenu was actually taken into custody on 19.8.1990 and he was served with the grounds of detention on the same day. His Representation to the Government to rescind to order of detention was rejected on 23.10.1990. On a reference made to the Cen

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