1977 Supreme(Mad) 165
P.GOVINDAN NAIR, A.D.KOSHAL, G.RAMANUJAM
K. T. M. S. Abdul KhaderaliasThaikka Vappa and others – Appellant
Versus
The Union of India, represented by the Deputy Secretary to the Government of India, Ministry of Finance, Department of Revenue and Insurance, New Delhi – Respondent
Advocates:
S. Govind Swaminathan for A. Muthama Subramanian and S. Abdul Wahab, for Petitioner.
The Advocate-General assisted by the Public Prosecutor, for State Habibulla Badsha, for Respondent.
Ramanujam, J.-In these petitions the validity of certain proclamations issued by the Chief Metropolitan Magistrate, Madras, under section 82(1) of the Criminal Procedure Code read with section 7(1)(c) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, on 16th January, 1975, is challenged mainly on the ground that the detention orders passed against the petitioners by the State Government under section 3 of the latter Act which formed the basis for the said impugned proclamations are invalid. There petitions originally came up for bearing before Krishnaswamy Reddy, J. who, after hearing the arguments for some time referred them to a Division Bench, as he felt that the petitions involve constitutional points of considerable public importance. These petitions were then heard by a Division Bench consisting of Paul and Varadarajan, JJ. On account of a difference of opinion between them, they were posted before Natarajan, J., as per section 392, Criminal Procedure Code. Before him it was urged by the State for the first time, that the above petitions which indirectly challenge the validity of the detention orders passed against the petitioners canno
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