MARIYAM BEEVI ALIAS MURBHY Vs. SECRETARY TO GOVERNMENT OF TAMIL NADU PUBLIC SC DEPARTMENT SECRETARIAT CHENNAI 600 009

JUDGEMENT

(1.) Petitioner is the wife of the detenu. The detenu by name A. Shahul Hameed was detained by the first respondent by detention order dated 06.05.2003 with a view to prevent him from smuggling goods in future under Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (in short "COFEPOSA Act").

(2.) Heard the learned counsel for the petitioner as well as respondents.

(3.) After taking us through the grounds of detention and other materials, the learned counsel for the petitioner would contend that in the light of the specific averments made in the affidavit filed in support of the petition, in the absence of counter affidavit by first respondent, this petition has to be allowed, for which he relied on the decision of the Apex Court in the case of Ranbir Singh vs. T. George Joseph reported in 1990 S.C.C. 613. With reference to the said contention, it is to be noted that the P.SATHASIVAM, J.