NAJAMA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) PETITIONER is the wife of one Nizamuddin Sirajuddin who has been detained pursuant to an order passed by the Secretary (Preventive Detention) to the Government of Maharashtra, Home Department and Detaining Authority. The detention order bears No. SPL-3 (A)/psa 0191/469, is dated 18th November, 1991 and is passed under section 3 (1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as the COFEPOSA Act ). By the present petition, the petitioner seeks to impugn the aforesaid order and the consequent incarceration of the detenu.

(2.) THOUGH several grounds have been advanced for the purpose of impugning the detention of the detenu, it is enough to mention only one of them, as, according to us, the same is sufficient for the disposal of the petition.

(3.) IT is contended that the seizure on the basis of which the impugned order of detention has been issued against the detenu was effected on 14th May, 1991. The detenu was apprehended on the 15th May, 1991 and was released on bail on the 16th May, 1991. The impugned order of detention was belatedly issued on the 18th of November, 1991. The same was belatedly served on the detenu on the 2nd of August, 1994 i. e. after a lapse of two years and eight and half months. It is contended that apart from the undue delay in issuing the order of detention there has been an undue and unexplained delay in serving the order of detention on the detenu. This, according to the learned Counsel appearing on behalf of the petitioner, has rendered the detention of the detenu illegal.