MUMTAZ PYARASAHEB RANA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner Mumtaz Pyarasaheb Rana, who is the wife of the detenu Pyarasaheb Kesrisingh Rana, has filed this petition under Article 226 of the Constitution of India, challenging the order of detention made in respect of the detenu by respondent No. 2 (Secretary to the Government of Maharashtra, Rural Development Department, specially empowered in this behalf) on 19th December, 1974 under section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as "the new Act"). The order states that the Detaining Authority is satisfied with respect to the detenu that, with a view to preventing him from acting in any manner prejudicial to the augmentation of foreign exchange, it is necessary to detain him.

(2.) The detenu was detained on the day on which the order was passed. Under section 3(3) of the new Act, grounds of detention were furnished to the detenu on 21st December, 1974. They are three in number. They are as follows per square meter:

(3.) It may be stated that prior to the present detention order, the detenu was detained by the Commissioner of Police, Greater Bombay, under an order dated 8th October, 1974 passed under Clause (c) of sub-section (I) of section 3 of the Maintenance of Internal Security Act, 1971 (hereinafter referred to as "the old Act") as amended by the Maintenance of Internal Security (Amendment) Ordinance, 1974 (II of 1974). The detenu was in detention under the said order till 19th December, 1974. The old Act, so far as it was amended by Ordinance II of 1974, stood repealed from 19th December, 1974 on the new Act coming into force with effect from that date. The impugned order under the new Act was served on the detenu on 19th December, 1974. It may also be stated that the detenu was arrested on 29th November, 1972 for violating certain provisions of the Foreign Exchange Regulation Act, 1947. It appears that he had been released on bail pending investigation.