SAEEDA M A SAEED Vs. UNION OF INDIA

JUDGEMENT

(1.) Rule D.B.

(2.) In this habeas corpus writ petition under Article 226 of the Constitution of India, the petitioner challenges the order made by and in the name of Lt. Governor of National Capital Territory of Delhi against his mother, Ms. Saeeda M.A.Saeed, under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short the COFEPOSA Act).

(3.) The order of detention, dated 18/5/1998, served on the detenu on the same date, pari passu, with the grounds of detention, formulated by the detaining authority of even date, is based on the subjective satisfaction of the detaining authority that it was necessary to detain her with a view to preventing her from smuggling goods and also preventing her from dealing in smuggled goods otherwise than by engaging in transporting, concealing and keeping smuggled goods, in future.