ABUBAKAR, S/O. ALI KUNCHI Vs. GOVERNMENT OF KARNATAKA BY PRINCIPAL SECRETARY HOME DEPARTMENT, PRINCIPAL SECRETARY TO GOVERNMENT OF KARNATAKA, HOME DEPARTMENT AND SENIOR SUPERINTENDENT, CENTRAL POLICE

JUDGEMENT

(1.) THE Petitioner in this case is the brother of the detenu -Abdul Khadar Kunhali Palsthadka. By order dated 16.09.2010 in HD 16 SCF 2010 by the second Respondent, the detenu is retained in detention.

(2.) ACCORDING to the Petitioner, the detention order is erroneous and illegal, as the same is without application of mind on the part of the second Respondent. The detaining authority is entitled to exercise powers to pass such detention order under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (in short Cofeposa Act) if he is satisfied that the materials placed before him require such detention, but: in the present case there is no application of mind in passing the said order. The very words used in the order referred to below would indicate that there is no application of mind, i.e. "with a view to preventing the detenu from acting in any mariner from, smuggling of Indian Currency Notes". In the absence of such grounds, the said order is beyond the purview of the Cofeposa Act, is the contention of the petition.

(3.) ACCORDING to the Petitioner, the detaining authority relied upon 86 documents and the particulars referred at para 9 and 10 reveal the main grounds of detention being smuggling of Indian Currency. Therefore, the order of detention is totally confusing and the detenu is left confused. Hence, it is bad in law. The appropriate words are not used in the detention order to import correct meaning of the order passed so as to make the detenu understand, for what purpose exactly he is detained by the concerned authority.