SAMEER SULEMAN SHAMA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BY this writ petition preferred under Articles 226 and 227 of the Constitution of India the petitioner, who is a friend of the detenue by name Asif Aziz Darvesh, has questioned the legality of the order of detention dated 26-8-1996 passed by the detaining authority viz. , the Mr. C. D. Singh, the Principal Secretary, Government of Maharashtra, Home Department exercising his powers conferred under section 3 (1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (COFEPOSA) vide detention order SPL. 3 (A) PSA- 0196/39 dated 26th August 1996 with a view to prevent the detenue in future from smuggling activities.

(2.) WE do not find it necessary to refer to the grounds of detention for the purpose of considering and deciding the point that is raised by the Counsel for the petitioner and accordingly we are not adverting to the same.

(3.) SHRI Karmali learned Counsel appearing for the petitioner would contend that the petitioner is entitled to succeed on the grounds viz. , (i) non consideration of the order granting bail by the detaining authority and (ii) non supply of the copy of the said order (assuming the detaining authority considered the said order referred supra ).