1990 (3) TMI 161

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....733 of 1987, dated 11-4-1988 quashing the order of detention dated 19-6-1987 passed by the second appellant in exercise of the powers under sub-section (1) of Section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 with a view to preventing the first respondent, Vasanbharthi Jivanbharthi from engaging in transporting smuggled goods. It seems that the first respondent (detenu) has challenged the detention on numerous grounds, one of which being that none of the members of his household had been informed of the passing of the impugned order of detention and of the fact that the detenu had been taken into custody and also of the place where the detenu was detained. This ground was only subsequently ad....

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....at ground. This plea is taken specifically in paragraph 21 and in Grounds I & II in paragraph 23 of the Special Leave Petition. Besides the above stand taken in the SLP the appellants have reiterated the same in paragraph 9 of the application for ex parte stay of the Order of the High Court, the relevant portion of which reads thus :- "The affidavit in opposition was filed on behalf of the Union of India that the detenu was already under trial prisoner and his relatives in fact knew that and also that the maternal uncle had immediately, within two days, visited him at the jail. Therefore, it was not necessary to inform the relatives of his detention and place of detention, as contemplated in the decision of the Supreme Court reported in A.....