1985 (8) TMI 232

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....hereinafter referred to as "Sayed Ahmed", is a person of Indian Origin, but later acquired British Nationality. He is residing abroad since 1974 and had come to India on 18th May, 1974 on learning of the registration of three offences falling under the Customs Act against him. These three cases may be labelled as, (i) Defence Stores case, (ii) Singapore Airlines case, and (iii) Parker case. On applications moved by him for bail, the Chief Metropolitan Magistrate, Bombay, directed him to furnish security. The security having been furnished Sayed Ahmed was at liberty. He was permitted to go aborad and stay away from India, so that he could look after his interests elsewhere. Later on the trial of the Defence Stores case came to be stayed upon....

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....o the Order of detention, the said order cannot be questioned in response to the Order of detention, the said order cannot be questioned by a petition under Article 226 of the Constitution. Mr. Canteenwala for the Petitioner impugned this objection by canvassing two grounds. First, learned Counsel submits that the tie of kinship between the petitioner and the detenu-designate gives the former the locus to challenge the detention order. The detenu-designate being a full brother of the petitioner, the latter has a right to his company in this country which would be possible only if no impediment is placed in the path of Sayed Ahmed to come to and stay in India. Next, it is said that having regard to the issue of a proclamation under Section 7....