SHANAWAZ Vs. GOVERNMENT OF KARNATAKA

JUDGEMENT

(1.) This writ petition is filed challenging the order of detention dated 4-6-2009 in No. HD 5 SCF 2009 by the 2nd Respondent herein.

(2.) The writ petition is filed challenging the order of detention on several grounds.

(3.) The Petitioner herein is the brother of detenue by name Mr. Khaja Mainuddin Yusufji and the above said detention order came to be passed by the 2nd Respondent under Section 3 of the Cofeposa Act -(Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974) (hereinafter referred to for short 'the Act'), preventing the detenue from acting in any manner from smuggling of Indian Currency notes. So far as detention order being served on the detenue on 4-6-2009 there is no dispute. According to the Petitioner the detention order referred to above is bad as the same is vitiated by several facts, which are detained below: