ASHWINI ASHOK MAHADIK Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THROUGH this Writ petition preferred under Article 226 of the Constitution of India, the petitioner who describes herself as the wife of the detenu Ashok Ramchandra Mahadik has challenged the order dated 18.04. 2001 passed by the 2nd Respondent Joyce Shankaran, Principal Secretary to the Government of Maharashtra, Home Department, (Preventive Detention) 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 ). The detention order alongwith the grounds of detention, which are also dated 18.04. 2001, was served on the detenu on 19.04. 2001 and their true copies are annexed as annexures 'a' and 'b' respectively to this petition.

(2.) THE prejudicial activities of the detenu impelling the 2nd respondent to pass the impugned order are contained in the grounds of detention (annexure 'b' ). Since in our judgment a reference to them is not necessary for the adjudication of ground 4 (ix) pleaded in the petition, on which ground alone in our judgment this petition deserves to succeed, we are not adverting to them.

(3.) GROUND 4 (ix) has been replied to in para 15 of the affidavit of Mr. R. D. Shinde, Deputy Secretary to the Government of Maharashtra Home Department (Special), Mantralaya, Mumbai. In para 1 of the said affidavit Mr. Shinde has averred that since Dr. Smt. Joyce Shankaran, the Principal Secretary to the Government of Maharashtra, Home Department, (Preventive Detention) (Special) and Detaining Authority, has been transferred and is not available at present for affirming this affidavit, he has affirmed the said affidavit on the basis of the records and files of the Department, believing their contents to be true.