VARSHA SHYAM AMLANI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Petition filed under Article 226 read with Article 21 and 22 of the Constitution of India impugns the order of detention passed on 15th October, 2005 by the State Government under section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (the Act for short). The detenu Mr.Shyam Dharmadas Amlani is the husband of the present Petitioner and detention order taken effect from 15th December, 2005 itself. The detention order has been challenged mainly on the following three grounds :-

(2.) In support of the challenge to the impugned order, Mr.Maqsood Khan, the learned Counsel for the Petitioner has relied on the following decisions of the Hon ble Supreme Court.

(3.) Mr.Mhaispurkar, the learned A.P.P. on the other hand has supported the impugned order of detention and submitted that the delay if any, has been duly explained and mere delay in passing the impugned order is not fatal. By referring to the affidavits filed in reply by the Authorities concerned, he submitted that the challenge to the impugned order is devoid of merits and the Petition is required to be dismissed. In support of his arguments, he placed reliance on the following decisions of the Hon ble Supreme Court.