IBRAHIM UMARBHAYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner who is a detenu has filed the present petition challenging the detention order passed against him. Copy of the said detention order is produced at Annexure A to the petition. On perusal of the said order it is clear that the said order- is passed by the Additional Chief Secretary to Government of Gujarat Home Department Gandhinagar on 18 under sub-section (1) of sec.3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act 1974 on his being satisfied that with a view to preventing the present petitioner from abetting the smuggling of goods and engaging in transporting smuggled goods it is necessary to detenu him.

(2.) The fact remains that the aforesaid order was served on the petitioner on 10-5-1992 i.e. practically after more than three years when he was in custody.

(3.) At the time when he was served with the order he was also served with the grounds the copy of which is annexed at Annexure B to the petition.