PRITHVI SOVERN KUNTAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BY this writ petition under Article 226 of the Constitution of India, the petitioner, who is the younger brother of one Abhishek Sovern Kuntal (hereinafter referred to as the detenu), has challenged the detention order passed against the said Abhishek Sovern Kuntal, dated May 30, 2000, under section 3 (1) of the COFEPOSA Act, 1974.

(2.) ALTHOUGH several contentions have been raised in the present writ petition, however, since we are inclined to accept the ground of challenge that the detention order suffers from non-application of mind, we have not dealt with the other contentions in the present judgment.

(3.) THE respondent No. 2, Detaining Authority, issued detention order on May 30, 2000 indicating therein that power under section 3 (1) of COFEPOSA Act of detaining the said Abhishek Sovern Kuntal was being exercised with a view to prevent him in future from abetting smuggling of goods. Along with the said detention order the grounds of detention and the subjective satisfaction recorded by the Detaining Authority was furnished to the said detenu. The grounds of detention, however, records as under :