SAJJANBAI ARJUNLAL JAIN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE petitioner who is the mother of the detenu Rajendra Kumar Arjunlal Jain has preferred the present petition inter alia challenging the order of detention dated 29th September, 1989 passed by the 2nd respondent against the detenu under section 3 (1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974.

(2.) THE detenu was intercepted on a road in Bombay and on examination of his brief case he was found to be in possession of 193 gold bars of 10 Tolas each bearing foreign markings. His father Arjunlal Jain was also with him and on his search also he was found to be in possession of gold bars with foreign markings. Both were taken into custody and interrogations made. This incident took place on 20th April, 1989. The investigation was over and on the basis of the solitary incident an order of detention came to be passed on 29th September, 1989-5 months thereafter. Annexure A to the Petition is the order of detention while Annexure B are the grounds of detention while Annexure C to the Petition is the list documents.

(3.) THE only ground of challenge to the order of detention is that the subjective satisfaction of the detaining authority has been impaired for non-placement of relevant documents of the bail order. It was also contended that having referred to the bail order in the grounds of detention, the detaining authority ought to have furnished the full text of the bail order to the detenu.