SHAIK IDRIS SHAHEBJUN Vs. K.L. VERMA

JUDGEMENT

(1.) THE petitioner in this case is the brother in law of the detenu by name Mr.Moideen Kunni @ Mohamed Moideen @ Moideen Kabli @ Noofal Zainuddin. The order of detention came to be passed against the detenu by respondent No.1 on 2nd November 1994 under Section 3(1) of the COFEPOSA Act with a view to preventing him from abetting the smuggling of goods. Thereafter, the detenu was absconding and the said order of detention came to be served on him on 15th February 1995 along with the list of documents and the documents mentioned therein. Thereafter, on 14th March 1995, a declaration under S.9(1) of the COFEPOSA Act came to be made by Shri N.N.Mookerjee, Additional Secretary to the Government of India and because of the said order, the period of detention got extended for two years.

(2.) BY an amendment in the petition, a ground was taken up that the detenu was not informed of his right to make representation to the authority who made the declaration and, therefore, the order of declaration and consequently the detention is vitiated. This question arose in some other petitions above and a Full Bench of this court considered the same in Criminal Writ Petition No.379 of 1995 (Sandeep Atmaram Parwal vs. The State of Maharashtra). In regard to this question, the Full Bench by its judgment dated 31st August 1996 answered the same as follows:-