SHASHI GOYAL Vs. UOI

JUDGEMENT

(1.) This writ petition has been filed by the petitioner challenging the order of detention bearing F. No.673/20/2004-CUS-VIII dated 19.11.2004 issued by Sh. R.K. Gupta, Joint Secretary to the Government of India, Ministry of Finance, Department of Revenue, New Delhi for detention of Sh. B.K. Goyal, S/o Sh. Baburam Goyal under Section 3 (1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 with a view to preventing him from smuggling goods in future. It is contended that the petitioner being the wife of the detenu, is filing this petition on his behalf being vitally interested and aggrieved of the detention order above mentioned.

(2.) Brief facts as set down in the writ petition are as follows: -

(3.) The detention order is challenged on the grounds inter alia that the order of detention was served on the detenu on 20.02.2006. The grounds of detention were served on 21.02.2006 along with the list of documents, but the material and the relied upon documents were served on the detenu on 24.02.2006. It is contended by learned counsel that the detention order is void ab initio since the material upon which the grounds of detention are based has not been supplied pari passu along with the grounds of detention. Learned counsel relied upon judgments of the Supreme Court to support his contention. In Virendra Singh V. State of Maharashtra; AIR 1981 (4) SCC 562, the Supreme Court has held that: -