K SIVASANKARAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard. Perused the records.

(2.) The petitioner challenges the order of detention dated 3rd May, 2004 issued under section 3 (1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter called as "cofeposa act") issued with a view to prevent Shri Joshy Mathew - the detenu in future from smuggling goods. The petitioner is the friend of the detenu. The order of the detention was executed on 11th June, 2004 and since then detenu is being lodged at Nasik Road Central Prison, Nasik.

(3.) Though the order the detention is sought to be challenged on various grounds it not necessary to address to all those grounds and suffice to take into consideration the ground in relation to delay in clamping the order of detention which is stated to have snapped the live link between the prejudicial activities of the detenu and the rational behind clamping of detention order.