T M SABIRA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Smt T. M. Sabira - the petitioner - challenges the order of detention of her husband P. Shamsuddin dated 6th November, 1979 made by the State Government under Section 3(1) of the Conservation of foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as "the Act"). The order states that the Government was satisfied that it was necessary to direct the detention of Sri P. Shamsuddin with a view to preventing him from abetting the smuggling of goods. The grounds of detention furnished to the detenu are as follows :

(2.) Mr. J. Jeshtmal, learned counsel for the petitioner contends that the impugned order has been passed without satisfaction of the Government and the satisfaction, if any, was unreal, sham and not genuine. He also contends that the order was made only upon the subjective satisfaction of the Secretary to Government, Home Department and not on the satisfaction of the concerned Minister as it ought to be. He further Urges that the satisfaction of the Customs Officers that the detenu was involved in the abetting of smuggling virtually constituted the satisfaction of the detaining authority without there being an independent application of the mind by any one of the authorities.

(3.) In response to the emergent notice issued by this court, respondents have filed a statement of objections supported by an affidavit of one Sri B. Parthasarathy, Deputy Secretary. Home Department (Police), Vidhana Soudha, Bangalore. Learned Advocate General also made available before us the entire records pertaining to the case of the detenu.