Secretary to Govt. of A.P.& Anr Vs. N.Fairoz Khan & Another  Insc
216 (19 February 2008)
Bhan & J.M.Panchal
O R D
E R CRIMINAL APPEAL NO.340 OF 2008 (Arising out of SLP(Crl.) No.1273/2006)
Sheik, the detenu and brother in law of respondent No.1, was arrested on 30th October, 2004 at the airport on the ground that
he was indulging in the smuggling activities. An order of detention was passed
on 22nd November, 2004 by the Principal Secretary to the Government of Andhra
Pradesh in exercise of the powers conferred by Section 3 (1) of the
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act,
1974(as amended), (for short 'the Act') for a period of one year (the maximum
period provided under the Act) from the date of passing of the said order.
Habeas Corpus Petition filed by the brother in law of the detenu, the High
Court, relying upon a judgment of this Court in the case of Rajesh Gulati v.
Government of NCT of Delhi & Another, reported in (2002) 7 SCC 129, has
held that since the passport of the detenu had been seized SLP(Crl.) 1273/06
.... Contd. - 2 - by the detaining authority, it is unlikely that the detenu
could carry on with the smuggling activities. Accordingly, the High Court
allowed the writ petition and quashed the detention order. It is also not
disputed by the counsel for the appellants that the detenu had already remained
under detention for a period of nine and half months approximately out of the
maximum period of one year, as provided under the Act.
No.1 is not present despite service.
in view the facts and circumstances of the case and the judgment of this Court
in the case of Rajesh Gulati (supra), we are of the opinion that a case for
interference is not made out. However, we make it clear that the impugned order
of the High Court is confined to the facts of the present case and this shall
not be taken as a precedent in future.
Appeal is dismissed accordingly.
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