MANGALBHAI MOTIRAM PATEL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This petition for the grant of a writ of Habeas Corpus is for the release of one Bhalabhai Motiram Patel, who has been detained by an order of the State Government of Maharashtra dated February 12, 1980 under sub-sec. (1) of Sec. 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as 'the Act') on being satisfied that it was necessary to detain him 'with a view to preventing him from abetting the smuggling of goods and engaging in transport of smuggled goods'. At the conclusion of the hearing on July 30, 1980 we made an order for the release of the detenu since we were of the view that his 'continued detention' was invalid. We now proceed to give reasons therefor.

(2.) The facts emerging from the grounds of detention are that the detenu was acting as a 'courier' between Messrs S. K. Malhotra Imports and Exports, Brussels having a widespread network abroad and Messrs. Apex Distributors, Bombay who were engaged in a criminal conspiracy to smuggle contraband goods on a wide scale.

(3.) It was conceded at the Bar that the grounds for detention set out the facts with sufficient degree of particularity and they did furnish sufficient nexus for forming the subjective satisfaction of the detaining authority. The order of detention was, therefore, not challenged on the ground that the grounds furnished were not adequate or sufficient for the satisfaction of the detaining authority, or for making of an effective representation.