M R SHAJATHI BEGUM Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) ONE M. R. Shajathi Begum, wife of the detenu by name M. K. S. Mohamed Rafi, challenges the detention order dated 13. 10. 2004, passed by the first respondent herein under Section 3 (1) (i) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (Central Act 52 of 1974 ).

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

(3.) THOUGH several points have been raised questioning the order of detention, at the foremost, Mr. B. Kumar, learned Senior Counsel appearing for the Petitioner, projected before us that though the Detaining Authority was aware of the filing of bail petition on 02. 10. 2004 and the contents therein, failed to take into consideration the order of dismissal of the bail petition dated 11. 10. 2004, which vitiates the subjective satisfaction arrived at by the Detaining Authority.