GIMIK PIOTR Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) PETITION filed under Article 226 of the Constitution of India for the issuance of a writ of Habeas Corpus to call for the records relating to the detention order in G.O.SR.1/661-3/08 Public (SC) Dept. dated 4.11.2008 passed by the first respondent and quash the same and direct the respondents to produce the body of the person of the detenu, Gimik Piotr son of Wiaczeslaw Gimik now detained in Central Prison, Chennai before this Court and set the detenu at liberty forthwith.) Challenge is made to an order of detention dated 4.11.2008 passed by the first respondent whereby the petitioner/detenu was ordered to be detained under the provisions of COFEPOSA Act.

(2.) THE affidavit filed in support of the application along with the grounds of attack of the detention order and all the materials including the order of detention are perused. THE Court heard the learned Senior Counsel for the petitioner and also the learned counsel for the respondents.

(3.) THE learned counsel relying on the judgment of the Honorable Apex Court reported in (2009)2 SCC (Crl.) 659 Pooja Patra vs. Union of India, would submit that in the instant case, it was only a single incident and there is no specific or authenticated material to indicate that the detenu had the propensity and potentiality to continue to indulge in such activities in future. Under such circumstances, even assuming that there was smuggling activity, the act of the detenu would not constitute a legitimate basis for detaining him under COFEPOSA Act and on that account also the order has got to be set aside.