MOHAMED SALIAH Vs. ANNA DANI

JUDGEMENT

(1.) This petition filed under Article 226 of the Constitution prays for a writ of habeas corpus so as to quash and set aside the order of detention dated 2/8/2008 passed under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short the COFEPOSA Act) issued against the petitioner's son - Shri Mohideen Abdul Khader Mohamed Saliah, a residen tof 82, Asadh Nagar, Aminjikarai, Chennai - 600 029.

(2.) The said detention order was served on the detenu on 20/10/2009 and the detention period of one year would expire on 19/10/2010. Thus the detenu has been under detention for more than nine months. The detenu had submitted his representations to the competent authorities on 6/11/2009, 16/11/2009 and 21/11/2009. The Advisory Board heard the detenu on 21/11/2009 and the confirmation order was issued by the State Government on 21/12/2009. This petition has been filed on or about 1/2/2010.

(3.) Though various grounds have been raised so as to challenge the detention order, only ground (c), which reads as under, has been pressed for by the learned counsel for the petitioner:-