NARESH KUMAR SACHADEVA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Writ Petition under Article 226 of the Constitution of India takes exception to the detention order passed against the Petitioner in exercise of powers conferred under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 by the Principal Secretary (Appeals and Security), Government of Maharashtra, Home Department and Detaining Authority .

(2.) In pursuance of the Conservation of Foreign Exchange and Prevention of Smuggling Activities (Maharashtra Conditions of Detention) Order, 1974 read with Government Order, Home Department No. SBIII/ISA-3974 (V), dated the 18th December 1974, I hereby further direct that said Shri Naresh Kumar Sachadeva shall be detained in the Nashik Road Central Prison, Nashik and shall be subject to the conditions laid down in the said Conservation of Foreign Exchange and Prevention of Smuggling Activities (Maharashtra Conditions of Detention)Order, 1974."

(3.) According to the Petitioner, on plain reading of the detention order it is more than clear that it is couched in such a manner that it demonstrates the element of casualness and resultantly is vitiated on account of nonapplication of mind. The argument proceeds that the Detaining Authority has merely reproduced the language of Section 3(1) of the Act of 1974 which refers to activities contained in clause (iii) thereof. The said clause refers to activities of engaging in transporting or concealing or keeping smuggled goods. The Detaining Authority has reproduced the same text of clause (iii) as incorporated in the impugned order. Reliance is placed on the decision of the Apex Court in the case of Jagannath Mishra v/s. State of Orissa, 1966 AIR(SC) 1140 to contend that if the order refers to different activities and the Detaining Authority intended to invoke power of detention for more than one activity, the order ought to have mentioned conjunctive word "and" not disjunctive word "or". Besides, reliance is placed on the decision of the Apex Court in the case of Kishori Mohan Bera v/s. The State of W.B., 1972 AIR(SC) 1749. In addition, the decision of the Division Bench Judgment of this Court which is unreported judgment in the case of Smt. Charandip Kaur Indrajeet v/s. State of Maharashtra in Writ Petition No. 4/2008 dated April 29, 2008 is also pressed into service.