NILOFAR ALTAF MASALEWALA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS writ petition filed under Article 226 of the Constitution challenging the order of detention dated 3rd October, 1992 under the provisions of COFEPOSA Act can be allowed on the only point raised in this petition that the detenu was not apprised of his right to make representation to the detaining authority against the impugned order of detention.

(2.) THE order of detention was issued by respondent No. 2 on 3rd October, 1992, against the detenu by name Mohd. Altaf lqbal Masalewala under the provisions of COFEPOSA Act which was served on him on 5th December, 1996. The said order of detention came to be passed in the following background.

(3.) THE detenu with his associates was apprehended by the Customs Officers (Preventive), Bombay, on 14-8-1991 from Room No. 206 of Hotel Sahil situated on Belasis Road at Bombay Central. At the same time two cars, which were parked in the car parking place in the said hotel, were also intercepted. On the search of one of those two cars viz. the white ambasador car, 12 jackets were seized. Each of the 12 jackets had concealed 100 FM gold bars. Thus 1200 FM gold bars of 10 tolas each totally weighing 139. 92 kgs. valued at Rs. 5,83,88,616/- L MV were found and seized by the Customs Officers on the reasonable belief that the same were smuggled into India. The search of the various premises and also the Maruti Car, which was intercepted, were made. The detenu along with other accused was arrested on 15-8-1991 and produced in the Court of Chief Metropolitan Magistrate, Esplanade Bombay on 16-8-1991. On that day all the accused were remanded to judicial custody till 30th August, 1991. Ultimately, the detenu and his co-accused were granted bail by the Court on 9th September, 1991, and the said bail was availed of by the detenu on the same day. In the aforesaid background the impugned order which is annexed as Annexure "a" to the petition came to be issued by respondent No. 2 against the detenu. The said order, along with the grounds of detention dated 3rd October, 1992, annexed as Annexure "b" to this petition were served on the detenu on 5-12-1996.