HUSAINBI ABDULLA GHALAMSALAM INDIAN INHABITANT Vs. STATE OF MAHARASHTRA THROUGH THE ADDITIONAL CHIEF SECRETARY

JUDGEMENT

(1.) Rule. Heard finally by consent. Perused affidavits and documents filed on record.

(2.) The Writ Petitioner prayed for to quash and set aside the order of detention bearing no. PSA 1211/CR109/Spl.03 (A) dated 13062012 issued from Ms Medha Gadgil the Principal Secretary (Appeals and Security), Home Department, (Special) Government of Maharashtra at Mantralaya, Mumbai and for release of the detenue. The order against the detenue was issued under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Act with reference to COFEPOSA(Maharashtra conditions of detention) Order 1974 with a view to prevent him in future from smuggling the goods . After the said order was served upon the detenue he was taken in detention. On the same date 13062012 communication bearing no. PSA 1211/CR109 / Spl3(A) was issued by the same authority containing grounds of detention, containing the copy of the list of documents purportedly placed before the Authority issuing detention order.

(3.) It is case of the Petitioner that on 07082011 the detenue was apprehended along with the codetenue Sayed Ali Syed Madar by the Officer by the officer of the intelligence unit and contraband fake notes were recovered from the baggage carried by the detenue. Statement of the detenue was recorded on the same day and on 0808 2011, detenue was arrested. Statement of the detenue was recorded again on 05092011 and o0n 31012012. Detenue was released on Bail on 22082011.The impugned detention order was issued after inordinate and inexcusable delay on 13052012 i. e. 9 months and 21 days. Even after the show cause notice the impugned order was delayed by two months. Thus detention is challenged as malafide, null and void.