MANILAL DAJIBHAI TANDEL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE petitioners have been detained on 14-6-1990 in pursuance of orders dated 13-6-1990 passed by the State Government under sub-section (1) of section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA Act) with a view to preventing them from smuggling goods. The case of each of the petitioners was placed before the Advisory Board, and after receipt of the opinion of the Advisory Board, the State Government has confirmed the detention of the petitioners under section 8 (f) of the said Act. This order is of 7th of August, 1990.

(2.) MR. M. S. Sonak, has very ably argued the case of the petitioners on the basis of a petition received from jail. It is contended on behalf of the petitioners that the grounds of detention furnished to the petitioners are vague and no case is made out for the detention of the petitioners under section 3 (1) of the COFEPOSA Act.

(3.) THE grounds of detention set out in detail the incident in question and the conduct of the petitioners on the basis of which the order of detention has been made. As the same grounds are the basis of detention orders in respect of each of the petitioners, we propose to examine the grounds in one of the detention orders.