VALIANI MOHD SHAFI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) ONE Valiani Mohd Shafi, brother of the detenu by name Valiani Reezwan Abdul Kareem, challenges the detention order dated 8. 11. 2004 detaining his brother Valiani Reezwan Abdul Kareem under Section 3 (1) (i) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (in short "cofeposa Act" ).

(2.) HEARD the learned Senior Counsel for the petitioner as well as the respondents.

(3.) THOUGH several grounds have been raised questioning the impugned order of detention, the learned Senior Counsel appearing for the petitioner has projected the following two points as the foremost grounds:- (1) Though the detaining authority has relied on the statement of the Joint Commissioner of Customs regarding the valuation of the watches purchased by the detenu, the copy of the statement has not been furnished. Inasmuch as the same being a vital document and relied on by the detaining authority, non-supply of the same vitiates the detention order. (2) Inasmuch as the detaining authority has considered many extraneous materials while passing the order of detention, the impugned detention order is liable to be quashed. In support of the said contention, he relied upon a Division Bench decision of this Court in "elangovan v. THE DISTRICT MAGISTRATE AND DISTRICT COLLECTOR, DHARMAPURI and ANOTHER (1996-2-L. W. (Crl.) 680)".