KAMLESH KUMARI BHATIA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THROUGH this writ petition preferred under Article 226 of the Constitution of India, the petitioner, who styles herself as mother of the detenu Sanjeev Bhatia, has impugned the order dated 14-2-2001 passed by the second respondent Mrs. Joyce Shankaran, Principal Secretary to the Government of Maharashtra, Home Department (Preventive Detention) and Detaining Authority, Mantralaya, Mumbai 32, detaining the detenu under section 3 (1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (52 of 1974 ). (hereinafter referred to as the COFEPOSA Act, 1974 ).

(2.) THE detention order along with the grounds of detention, which are also dated 14-2-2001, was served on the detenu on 24-2-2001 and their true copies are annexed as Annexures A and B respectively to this writ petition.

(3.) WE have heard learned Counsel for the parties. Since it is common ground between them that when the second respondent passed the impugned order against the detenu, the detenu was on bail in a case under section 135 of the Customs Act, which case, as is manifest from the grounds of detention, constitutes the basis of the detention of the detenu under the impugned order and the copy of the bail application of the detenu and the bail order were neither placed by the sponsoring authority before the second respondent before she passed the impugned order, nor supplied to the detenu, the impugned order would be rendered bad in view of the ratio laid down by the Supreme Court in para 12 (6) of the case reported in A. I. R. 1991 Supreme Court 2261 (Abdul Sathar Ibrahim Manik, petitioner v. Union of India and others, respondents ). Para 12 (6) of the said decision reads thus :--