SANJAY SONI Vs. PRINCIPAL SECRETARY

JUDGEMENT

(1.) By this Petition Under Article 226 of the Constitution of India, the Petitioner has taken an exception to the order of Prevention of Detention dated 25th January, 2012 (Exhibit "A" to the petition). The order has been passed in exercise of powers under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short "COFEPOSA"). The order impugned has been passed with a view to prevent the Petitioner from smuggling goods in future.

(2.) The Learned Counsel appearing for the Petitioner has pressed into service the grounds (g) and (j) of Paragraph 7 of the Petition. The said grounds read thus:

(3.) The Learned Counsel appearing for the Petitioner invited our attention to the affidavits in reply filed by the Sponsoring Authority and the Detaining Authority. He submitted that admittedly 303 pages of the document produced by the Sponsoring Authority before the Detaining Authority were totally illegible. Inviting our attention to the grounds of detention served to the Petitioner, he pointed out that the said illegible documents have been relied upon by the Detaining Authority. He urged that the Detaining Authority has obviously not read the large number of illegible documents and it is not the case of Detaining Authority that she called for legible copies of the said documents before recording her subjective satisfaction. He relied upon the decision of the Apex Court in the case of Manjit Singh Grewal Alias Gogi V/s Union of India and Others, 1990 Supp1 SCC 59. He also relied upon an unreported judgment of a Division bench of this Court in the case of Smt Nilofar Siraj Darbar vs State of Maharashtra and Others, Cr.W.P.No.587 of 2009 decided on 17th August, 2009.