ABDULLA KOZUKHAL ASSAINAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Petitioner, Abdulla Kozukhal Assainar, has filed this Criminal Writ Petition impugning the Order of Detention, dated 30-5-1986, passed against him by the Government of Maharashtra under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (Act LII of 1974), hereinafter referred to as "the said Act".

(2.) Shri Kotwal, learned Counsel appearing on behalf of the Detenu, has canvassed only one submission before us challenging the Order of Detention. Shri Kotwal pointed out that, in the instant case, the Detenu was arrested on 3-1-1986 and soon thereafter the residential premises of the Detenu at his native place were searched by the Customs Authorities. However, nothing incriminating was recovered. According to Shri Kotwal this Panchanama, although it is termed as 'nil Panchanama', was a vital and material document which was likely to have affected the subjective satisfaction of the Detaining Authority one way or the other. According to learned Counsel, it was incumbent upon the Sponsoring Authority to place the nil Panchanama before the Detaining Authority. Failure to place the nil Panchanama before the Detaining Authority had adversely affected the subjective satisfaction of the Detaining Authority while arriving at the conclusion whether the Order of Detention ought to be passed or not.

(3.) On behalf of the Respondents, a counter Affidavit-in-reply has been filed by one N. R. Ranganathan, Home Secretary, Government of Maharashtra, in which the said officer has admitted the fact that the Detenu's residential premises had been searched by the Customs Authorities and nothing incriminating had been found. The officer then went on to state that it was not necessary to place the nil Panchanama before the Detaining Authority as the same was of no consequence and it would not have affected the subjective satisfaction of the Detaining Authority on way or the other.