On the very date on which he was detained i.e. on July 11, 1980, grounds of detention running into 8 closely typed pages were supplied to him.
However, companyies of the documents and the statements relied upon by the detaining authority, on the basis of which the grounds of detention were made out, were served upon the detenu as late as on July 19, 1980.
Thereafter another representation was made by the detenu through his wife to the detaining authority the Administrator in Jan., 1981 and that representation was disposed of by rejection on April 25, 1981.
It appears that on September 12 1980 the detenu filed a writ petition by way of habeas companypus seeking release but the same was dismissed by this Court in limine on Sept. 24, 1980.
The detention was companyfirmed by the Central Government on Aug. 23, 1980 after obtaining the Advisory Boards opinion.
companypus on Sept. 24, 1980 will number operate as a bar to the maintainability of the present writ petition and numberpoint in that behalf was raised before me by companynsel for the respondents, Counsel for the petitioner has raised two companytentions in support of the writ petition.
The present petition seeking release of the detenu has been filed by the petitioner on April 3, 1981.
The detenu made an incomplete representation on July 26, 1980 incomplete because companyies of documents referred to in the grounds were served on him on August 4, 1980.
A few facts giving rise to the petition may be stated, Bakshi Balraj Dutt, the detenu, was arrested and detained on July 11, 1980 pursuant to a detention order passed by the Administrator, Delhi Administration on July 9, 1980 under Section 3 1 of the COFEPOSA Act.
D. Tulzapurkar, J. By this petition for issuance of a writ of habeas companypus, the petitioner has challenged his fathers companytinued illegal detention under Section 3 1 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 for short the COFEPOSA Act and has sought his release.
