SHASHIKALA Vs. UNION OF INDIA

JUDGEMENT

(1.) This criminal writ petition has been filed by one Smt. Shashikala Krishnarao Rane in respect of the detenu Krishnarao Appaji Rane who was detained under an Order of detention dt. 9th June, 1986 issued by the Administrator of Goa, Daman and Diu, Dr. Gopal Singh as also under a declaration dt. 11th June, 1986 issued by the Additional Secretary to the Government of India, Ministry of Finance, respondent 2 herein. The petitioner prays for issue of an appropriate writ for quashing the impugned Order of detention dated 9th June, 1986 as also the declaration dt. 11th July, 1986 and further that the detenu be released from detention forthwith and be set at liberty.

(2.) Respondent 3, the Administrator of Goa, Daman and Diu issued an Order of detention against the detenu Krishnarao Appaji Rane dated 9th June, 1986 under S.3(1)(ii) and (iii), Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as "the COFEPOSA Act"). The said Order of detention mentioned that with a view to prevent the detenu from abetting the smuggling of goods and also with a view to preventing him from keeping and concealing smuggled goods it was necessary to detain the detenu in the Central Jail at Aguada on the grounds of detention served on him. This Order of detention was served on the detenu on 14th June, 1986. On the same day the detenu was also served with the grounds in support of the said Order of detention. Along with the grounds of detention was served a Marathi translation of the grounds of detention dated 9th June, 1986, as also a list of documents relied on by the Detaining Authority.

(3.) The Additional Secretary to the Government of India, Ministry of Finance, respondent 2 issued a declaration under S.9(1) of the COFEPOSA Act dt. 11th July, 1986. This declaration was served on the detenu on 18th July, 1986 in Jail. Along with the declaration the detenu was furnished with a marathi translation of the said declaration.