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1977 Supreme(Mad) 167

KOSHAL, P.GOVINDAN NAIR, RAMANUJAM
K. T. M. S. Abdul Cader and Others – Appellant
Versus
Union of India – Respondent


Advocates Appeared:S. Govind Swaminathan For A. C. Muthanna, T. Subramaniam, S. Abdul Wahab, The, Assisted By The, Habibullah Badsha, Advocates.

Judgment :-

RAMANUJAM, J.

In these petitions the validity of certain proclamations issued by the Chief Metropolitan Magistrate, Madras, under S. 82(1) of the Criminal Procedure Code read with S. 7(1)(c) of the Conservation of Foreign Exchange and Prevention of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, on 16-1-1975, is challenged mainly on the ground that the detention orders passed against the petitioners by the State Government under S. 3 of the latter Act which formed the basis for the said impugned proclamations are invalid. These petitions originally came up for hearing 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 S. 392 Crl.P.C. 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 cannot





















































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