FERDOUSI RAHMAN Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition has been filed in respect of the detention of the petitioner s husband Mosarraf Hossain (detenue) under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as "the COFEPOSA Act") by virtue of a detention order No. F. 678/12/2010 - CUS/VIII dated 30.08.2010. Subsequent to the passing of the detention order, which was served on the detenue on 01.11.2010, the detenue has been lodged in the Presidency Jail (Correctional Home) Kolkata. His representation to the detaining authority against the said detention which was dated 12.11.2010 had also been rejected by the detaining authority on 08.12.2010. Pursuant to the Advisory Board opinion, the detention order has been confirmed under Section 8(f) of the COFEPOSA Act by an order dated 20.01.2011 continuing the detention for a period of one year from the date of detention.

(2.) Two grounds have been taken by the learned counsel appearing on behalf of the petitioner by way of challenge to the detention order. The first ground is of non-application of mind on the part of the detaining authority. The second ground is that there was an inordinate and unexplained delay in the execution of the detention order.

(3.) Insofar as the first ground is concerned, our attention was drawn straightaway to Paragraph 19 of the grounds of detention which were served upon the detenue. The said Paragraph 19 reads as under :-