LAWS(MAD)-2005-4-188

MOHAMED SATHALI PREMNASIR Vs. STATE OF TAMILNADU

Decided On April 18, 2005
MOHAMED SATHALI PREMNASIR Appellant
V/S
STATE OF TAMIL NADU Respondents

JUDGEMENT

(1.) THE detenu by name Mohamed Sathali Premnasir, who was detained by the impugned detention order, dated 20. 9. 2004, passed under Section 3 (1) (i) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (Central Act 52 of 1974), challenges the said order in this Habeas Corpus Petition.

(2.) HEARD learned Counsel for petitioner, learned Additional Public Prosecutor for R-1 and R-3 and learned Additional Central Government Standing Counsel for R-2.

(3.) THOUGH several contentions have been raised questioning the impugned order of detention, learned counsel appearing for the Petitioner at the foremost projected that the detention order is liable to be quashed on the ground of non-application of mind on the part of the Detaining Authority, since there is no valid order extending the remand of the detenu beyond 07. 09. 2004.