USMAN GANI YAKUBALI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) ONE Mahmood Yakubali Umer is the detenu in this case. Petition is filed by his brother. The detenu has been detained under the COFEPOSA Act by detention order dated 29-1-2002 passed by Detaining Authority Smt. Ranjana Sinha of the Government of Maharashtra. The grounds of detention of the even date were served upon the detenu.

(2.) FIRST ground is about the delay in issuing the detention order because incident of smuggling gold coins had taken place on 22-4-2001. Investigation was completed on that day itself and the detention order was passed on 29-1-2002. Therefore, according to Mrs. Ansari, the delay has resulted in snapping the live link between the activities of the detenu and the detention order and, therefore, the detention is liable to be quashed.

(3.) THE next ground that was raised as per ground No. (v) was that reasoned bail order of the detenu passed on remand application dated 17-5-2001 as per Annexure D of the petition was not placed before the Detaining Authority and, therefore, non-placement of a vital document has affected subjective satisfaction of the Detaining Authority. For theses, Mrs. Ansari relied upon the following authorities:---