SABEEKA Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) CHALLENGE is made to an order of the first respondent made on 30.10.2007 in G.O.No.SR.I/908-3/2007, whereby an order of detention under Section 3(1)(i) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 was passed against the detenu, by making this petition seeking for the relief of writ of habeas corpus.

(2.) THE affidavit filed in support of the petition and the ground of detention are perused. THE order under challenge is also perused. THE Court heard the learned counsel for the petitioner and also the learned counsel for the respondents.

(3.) THE learned counsel for the petitioner would add that Section 3(2) of the Act would mandate that immediately after passing the order, within 10 days therefrom, a report in respect of the order has got to be sent by the State Government to the Central Government. In the instant case, it is not made known. Apart from that, no document was addressed to the detenu to know about the said fact and under these circumstances, the detenu was unable to know whether such a report was made in exercise of the Act and whether it was revoked. THE learned counsel for the petitioner would further submit that the detenu was arrested on 27.09.2007 that a statement was recorded from him. At that time, he has stated that all the currencies were handed over by one Akbar to be handed over to one Santhosh, but in the English version, it could be seen that, it was to be handed over to one North Indian. Thus, there was no proper translation and this would indicate the non application of mind.