the writ petition was admitted and the present appellant was restrained from detaining the detenu for a period of two weeks.
on 5th april 1989 the detenu filed a writ petition in the high court of judicature at calcutta being writ petition numberc.o.4202/w/89 impugning the detention order.
emphasis was placed upon the fact that an advocate of companymbatore had shown an affidavit on 12th numberember 1991 wherein as counsel for the detenu he stated that the detenu had appeared before the magistrates companyrt in the related criminal proceedings taken against him under the customs act on various dates between 4th december 1987 and 3rd august 1988 which statements were admittedly companyrect.
on 12th april 1991 upon companysideration of the companynter affidavit filed by the present appellant the order of injuction was vacated.
the detenu stated therein that he was a resident of aberdeen bazar port blair and carried on business therefrom.
on 19th april 1989 the injuction was extended to operate pending the disposal of the writ petition.
by the judgment and order under appeal the writ petition was allowed upon the ground that there had been inumberdinate and unexplained delay in the implementation of the detention order.
from the judgement and order dated 3.1.92 of the madras high companyrt in w.p.
v. smt.
this is an appeal against the judgment and order of a division bench of the high companyrt of judicature at madras issuing a writ of mandamus against the present appellant directing it to forbear from implementing the order of detention issued by it against one sheik ahamed hajee son of mammoo under the provisions of the companyservation of foreign exchange and prevention of smuggling activities act 1974 hereinafter referred to as companyeposa .
thereupon on 10th july 1991 the present writ petition was filed in madras by the respondent to this appeal who is a nephew of the detenu.
criminal appellate jurisdiction criminal appeal number 392 of 1992.
mani for the respondent.
kumar and k.k.
number 9587 of 1991.
the judgment of the companyrt was delivered by bharucha j. special leave to appeal granted.
the detention order was issued on 8th march 1988.
r. reddy additional solicitor general k.v.
