BALBIR KAUR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard the learned Advocates for the parties. Perused the records. The facts and the contentions sought to, be raised are identical to the case of Shri. Tejpal Mann Singh in Criminal Writ petition No. 1714 of 2004, disposed of yesterday i. e. , 12-1-2005.

(2.) The petitioner, who has filed this petition in her capacity as the next friend of the detenu Shri. Inderjeet Hunjun, challenges the order of detention dated 6-2-2004 issued by the respondent No. 2 against the said detenu under Section 3 (1) of the conservation of Foreign Exchange and prevention of Smuggling Activities Act, 1974, hereinafter referred to as "the cofeposa Act", on two grounds, namely, the impugned order being passed without consideration of the representation dated 7-9-2004 made by the detenu through his advocate, and secondly on the ground that the order of detention against the detenu discloses total non-application of mind by the authority who has passed the said order.

(3.) Pursuant to the intelligence report received by the Directorate of Revenue intelligence, Mumbai that the detenu and one tejpal Singh would be arriving at Mumbai from the domestic airport of Chennai carrying huge quantity of computer parts smuggled into India, the detenu and the said Tejpal were intercepted at the Santacruz Domestic airport, Mumbai on 5-9-2003. Certain 'computer parts were seized by the customs authorities from the detenu and the said tejpal under the reasonable belief that they were smuggled goods. Statements under section 108 of the Customs Act, 1962 of the detenu and the said Tejpal came to be recorded on 6-9-2003 and they were arrested on 7-9-2003 and remanded to custody pursuant to the order by the Magistrate. Various statements of different persons were thereupon recorded during the period from september to October, 2003 and the order for detention of the detenu under Section 3 (1) of the COFEPOSA Act came to be issued on 6-2-2004, which was served upon the detenu on 28-7-2004. The detenu made two representations - one on 25-8-2004 and another on 7-9-2004 while being under detention. By communication dated 24-9-2004 the detenu was informed about the rejection of his representation dated 25-8-2004. Meanwhile, the present petition came to be filed on 24-8-2004 on various grounds challenging the detention, including the ground regarding non-application of mind by the detaining authority while passing the impugned detention order. Subsequent to the communication dated 24-9-2004, the petition as amended and the ground regarding non-consideration of the second representation was raised. The respondent No. 2 as well as the Under Secretary to the Government of maharashtra and the Deputy Director of the d. R. I, have filed their affidavits-in-reply to the petition. There is also an affidavit filed by the Jailor, attached to the Nashik Road central Prison.