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1987 Supreme(Mad) 415

S.KADER, E.BELLIE
H. Rahim – Appellant
Versus
The State Of Tamil Nadu – Respondent


ORDER

1. This writ petition is filed under Article 226 of the Constitution of India seeking the issue of a writ of habeas corpus for quashing the order of detention dated 10-11-1986 passed against the petitioner and for setting him at liberty.

2. The impugned order of detention has been passed by the respondent-the State of Tamil Nadu in exercise of the powers conferred on it by Section 3(1)(i) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, hereinafter referred to as the Act with a view to preventing the detenu from smuggling goods.

3. The facts of the case leading to the passing of the impugned order of detention have been set out in detail in the grounds of detention and we do not think it necessary to recapitulate the same.

4. Though several grounds are taken in the affidavit in support of this writ petition challenging the validity of the order of detention, Mr. S.A. Abdul Ghani, learned Counsel for the petitioner confined his arguments to the following grounds:

1) Inordinate and unexplained delay in passing the order of detention.

2) Delay in serving the order of detention on the detenu.

3) Non-furnishing of copies of the remand application,




















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