RAM GOVINDRAM MURJANI Vs. C.D. SINGH

JUDGEMENT

(1.) BY means of this petition preferred under Article 226 of the Constitution of India the petitioner, who is the brother of the detenu Vasudev Govindram Murjani, has challenged the detention order dated 18th October 1993 passed by the respondent no.1, detaining the detenu under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (52 of 1974). The said Act is hereinafter referred to as "the COFEPOSA Act".

(2.) IN our opinion since this petition should succeed on a short legal ground it would not be necessary to advert to the prejudicial activities of the detenu detailed in the grounds of detention, which as per law, along with the detention order were served on the detenu.

(3.) IF a detenu has a right to make a representation to the Officer specially empowered (respondent no.1) who is the detaining authority in the instant case, then there was a corresponding obligation on the part of respondent no.1 to have appraised him of the right to make a representation.