SAVARIMUTHU Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The Detention order passed by the First Respondent, by his proceedings in G.O. SR. 1 of 461-11 of 2009, Public (SC) Department, dated 23.9.2009, under Section 3(1)(ii) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (Central Act 52 of 1974), [for brevity "the Act"], against the detenu - S. Sebastian, is challenged by the father of the detenu on various grounds. Now, the detenu is confined at Central Prison, Palayamkottai, Tirunelveli District. The Detention Order, dated was executed only on 23.9.2011 by arresting the detenu. The facts of the case, in brief, are as follows:

(2.) The impugned Detention order is challenged on various grounds. The first ground is that the show cause notice dated and the reply to the show cause notice dated 31.3.2009 were not placed before the Detaining Authority, who passed the Detention Order on 23.9.2009 and the same were also not placed before the Advisory Board in its meeting held on 21.9.2011. Not placing the relevant documents before the Detaining Authority while passing the Detention Order as well as before the Advisory Board, which met on 21.9.2011 has vitiated the Detention Order as Well as the confirmation order, as relevant materials were not placed before the authorities concerned to arrive at a subjective satisfaction.

(3.) In support of his contention, the learned Counsel for the Petitioner has relied on the following Judgments: