ABDIL QAHAR Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner was detained under COFEPOSA for one year by order dated 29.1.2001. Though his detention period was to expire shortly by the end of this month but he still wants a verdict on the validity of his detention.

(2.) One Ms.Olga Kozireva, an Uzbek passport holder was apprehended for alleged smuggling of Chinese silk fabrics in India. Petitioner was also arrested in this connection on 30.11.2000 and later released on bail on 1.2.2001. He was eventually detained to prevent him from dealing in smuggled goods on 29.1.2001. He made a representation against this which was rejected on 26.3.01. His order of detention, was thereafter referred to Advisory Board and was confirmed on 30.3.01.

(3.) Petitioner challenges his detention on all conceivable grounds ranging from misuse of power to vagueness and irrelevancy of grounds of detention and non-application of mind by the detaining authority. According to him, respondents had misused their power in detaining him and had served vague and irrelevant grounds on him without any application of mind. He also alleges that they had delayed disposal of his representation and had also failed to furnish him some legible copies of documents from pages 96 to 135 along with grounds. He was also not supplied copy of bail order dated 22.9.2000 of Ms.Olga Kozireva. All this according to him amounted to denial of opportunity to him to make an effective representation against his detention.