GULAM KADAR GULAM RASOOL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS petition is filed under Article 226 of the Constitution of India by the petitioner who describes himself as brother of the detenu, namely, Gulam Nadar Gulam Rasool, impugning the order dated 23rd January 2002, annexure A to the petition, passed by the detaining authority i. e. second respondent Ranjana Sinha, Secretary to the Government or Maharashtra detaining the said detenu under Section 3 (1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as "cofeposa Act" for short ). The said order of detention along with grounds of detention both dated 23rd January 2002 were served on the detenu on 23rd January 2002 itself. The detenu was also served with the list of documents and copies of documents set out in the said list which are purported to have been placed before the detaining authority and on the basis of which documents the detaining authority has purportedly issued the impugned order of detention.

(2.) THE said order of detention dated 23rd January 2002 sets out the satisfaction of the detaining authority which prompted it to issue the impugned order and states that with a view to prevent the detenu in future from smuggling of goods and acting in a manner prejudicial to the conservation of foreign exchange it was necessary to detain the said detenu Gulam Kadar Gulam Rasool under the COFEPOSA Act.

(3.) THE detention order came to be passed pursuant to the incident dated 19th July 2001 when the Custom Officers of the respondents apprehended the detenu along with one Usman Gani Kumbhar and Noor Mohamed from room No. 5 of a hostel at Dongri where he had gone to collect the parcel containing a television set which on being opened was found containing 21 bags of counterfeit Indian currency notes. The facts pertaining to the incident are set out in the order. The statement of the detenu was recorded under Section 108 of the Customs Act, 1962 as set out in para 4 of the petition.