RAKESH SHERPALSINGH RANA SHRI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE petitioner who claims to be friend of detenu Desh Raj Gulati, by this habeas corpus petition prays for quashing and setting aside of the detention order dated 27th October, 1999 issued by the detaining authority under section 3 (1) of the COFEPOSA Act.

(2.) ON 27th October, 1999 the detaining authority especially empowered under section 3 (1) of the COFEPOSA Act issued detention order directing that Shri Desh Raj Gulati be detained under the COFEPOSA Act after being satisfied that his detention was necessary to prevent him in future from abetting in the smuggling of goods. The detention order was served upon the detenu on 19th February, 2000.

(3.) THOUGH the learned Counsel appearing for the petitioner raised many grounds, in our view this writ petition deserves to be allowed on the basis of ground (iv) raised in the writ petition and accordingly we are not dealing with the other grounds raised by the learned Counsel. Ground (iv) raised in the writ petition reads thus :