SANTOSH JUGAL KISHOR GINORIA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Advocate Mr.Maqsood Khan for the petitioner and, learned APP Mrs.Pai for the State/respondents. Petitioner is the brother of detenu and his detention under the COFEPOSA Act is challenged by this petition. Mr.Maqsood Khan, appearing for the petitioner, raised three grounds in this regard.

(2.) Firstly, according to the advocate for the petitioner, vital and important documents, relied upon by the detaining authority and referred to in the detention order, were not supplied to him and this has resulted his right of making an effective representation. Secondly, the detenu had sent one representation to the Advisory Board with a specific prayer not to forward his representation to the State Government. But the Advisory Board forwarded the representation to the State Government which ultimately rejected it and this has deprived the detenu of his right to make representation to the State Government at a time of his choice and it has deprived him of raising those ground before the State Government as per the law prevailing upon which rejection cannot be raised. Thirdly the advocate for the petitioner contended that the activities of the detenu did not amount to smuggling of goods but it amounts to abetment of smuggling. Therefore, section 3(1)(ii) of the COFEPOSA Act was attracted.

(3.) However, we are not required to consider all the three grounds raised by the advocate for the detenu because this petition can be allowed on the first ground i.e. Amended Ground No.4(XI).