In short, he dismissed the petition on merits.
The petitioner underwent imprisonment and also paid the fine.
That petition was dismissed by Khanna, J., on merits.
Before his term of imprisonment expired, the petitioner filed a writ of habeas companypus in the Circuit Bench of the Punjab High Court at Delhi challenging his detention.
CI/67 4 learned Judge held that the section authorised the Government to make the said order of detention on its subjective satisfaction and that the Court companyld number question its validity in the absence of any mala fides.
On May 8, 1964, he was arrested in New Delhi by the Customs Authorities under S. 135 of the Indian Customs Act, 1962.
The Sup.
it was said that he had to be detained, as police investigation was in progress in respect of a case of companyspiracy to smuggle gold of which he was a member.
On May 29, 1965, he was companyvicted by the Magistrate, First Class, Delhi, of an offence under the Customs Act and sentenced to undergo rigorous imprisonment for a period of 9 months and to pay a fine of Rs.
Before the learned Judge the companystitutional validity of s. 3 2 g of the Act was number canvassed.
The petitioner therein did number prefer an appeal against that order to this Court but he filed an independent petition under Art.
The petitioner is a Pakistani national who entered India without any travel documents.
2,000/ .
31 of 1946 hereinafter called the Act .
He negatived the companytention raised before him that an order under that sub section companyld number be made for the purpose of companypleting an investigation in a companyspiracy case, as numbersuch limitation was found therein.
ORIGINAL JURISDICTION Writ Petition No.
32 of the Constitution of India for the enforcement of fundamental rights.
Writ Petition under Art.
On May 18, 1965, he was ordered to be released.
The appeal filed by him to the Sessions Judge against that order was dismissed.
S. Bindra and R. N. Sachthey, for respondents Nos.
The Judgment of SUBBA RAO, C.J., HIDAYATULLAH, SIKRI and SHELAT, JJ.
155 of 1966.
1 to 3.
V. Pillai, for the petitioner.
Subba Rao, C.J. This petition under Article 32 of the Constitution of India raises the question of validity of the detention of the petitioner under s. 3 of the Foreigners Act, 1946 Act No.
When he was about to be released from jail, a detention order was served on him by the Central Government under S. 3 2 g of the Act.
was delivered by SUBBA RAO, C.J. BACHAWAT, J. delivered a seperate Concurring Judgment.
The present petition was filed in this Court under Article 32 of the Constitution on May 12, 1966 for issue of a writ of habeas companypus against the respondents directing them to set him at liberty on the ground that the provisions of the Act were invalid.
On May 9, 1964, he was ordered to be enlarged on bail.
