MOHAMMEDASLAM MUSLIYA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BY means of this petition preferred under Article 226 of the Constituion of India, the petitioner, who is the brother of the detenue Fazlur Rehman, has impugned the detention order dated 30th January, 1995 passed by respondent No. 2, in exercise of powers vested in him under sub-section (1) of section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (52 of 1974), read with Government Order, Home Department (Special) No. SPL.-3 (A)/p. S. A. /1094/i, dated 16th May, 1994. The said Act is herinafter referred to as the COFEPOSA ACT.

(2.) THE prejudicial activities of the detenue are contained in the grounds of detention which were served on the detenue on 15-10-1995. The grounds of detention briefly read thus:

(3.) THAT on account of the facts mentioned in the preceding paragraph, respondent No. 2 was subjectively satisfied that in order to curb prejudicial activities of the detenue in future, it was imperative to detain him under section 3 (1) of the COFEPOSA Act.