SOPHIA GULAM MOHAMMAD BHAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Leave granted.

(2.) This appeal by special leave is directed against the judgment and order dated 21st of January, 1999, passed by the Bombay High Court (reported in 1999 Cri LJ 2140), by which the Writ Petition in the nature of habeas corpus, preferred by the appellant, for the release of his brother Bham Faisal Gulam Mohammed, who was detained in jail in pursuance of the order dated 24th February, 1998, passed by Shri G. S. Sandhu, Secretary, Government of Maharashtra, Home Department (Preventive Detention), Mumbai, under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (52 of 1974) (for short, 'the Act'), was dismissed. The detention order reads as under:- "No. PSA 1097/89 SPL. 3 (A). - Whereas I, G. S. Sandhu, Secretary to the Government of Maharashtra, Home Department (Preventive detention), specially empowered under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (52 of 1974) vide Government Order, Home Department (Special), No. PSA 2096/35/SPL. 3 (A), dated the 19th December 1996, am satisfied with respect to the person known as Shri Bham Faisal Gulam Mohammed (Age 22 years) residing at 24, Vasundra Apts., Warden Road, Mumbai 400 026 that with a view to preventing him in further from smuggling of goods, it is necessary to make the following order:

(3.) The grounds of detention as also the material in support of these grounds were also supplied to the detenu on the same day, namely, on 24th of February, 1998. A list of the copies of all documents (material) which were supplied to the detenu along with the grounds of detention was annexed with the grounds. This order of detention was challenged by the present appellant, who is the sister of the detenu, by filing a writ petition in the nature of habeas corpus in the Bombay High Court, but the same, as pointed out above, was dismissed. It is in these circumstances that the present appeal has been filed in this Court.