NIRMALA BHARAT KESHWANI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE detenu is the brother-in-law of the petitioner. Under order dated 2nd November 1999, the detenu came to be detained under the provisions of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. THE order came to be served upon the detenue on 4/11/1999. THE petitioner made a representation challenging the order of detention. However by order dated 1st February 2000 the State Government rejected the representation and confirmed the said order of detention.

(2.) THERE is no dispute that the show cause notice came to be issued to the detenu dated 3/11/1999 under Section 124 of the Customs Act, 1962. The detenue also sent a reply to the said show cause notice on 7/12/1999.

(3.) THUS there is no dispute that the reply given by the detenue to the said notice was not placed before the Advisory Board. In the result when the Advisory Board forwarded the report to the confirming authority i. e. the State Government, only the notice issued under Section 124 of the Customs Act dated 3rd November 1999 was forwarded. The reply given by the detenue dated 7th December 1999 was not forwarded.