ANNIE KITTY CREADO Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD Mr. M. G. Karmali for petitioner and Mr. D. G. Bagwe, A. P. P. for respondents.

(2.) THIS writ petition challenging the order of detention issued by respondent No. 2 under the COFEPOSA Act can be allowed on the short and the only ground taken up in this petition that the detenu was not apprised of his right to make representation to the detaining authority himself either at the time of the service of the order or even thereafter.

(3.) THIS petition has been filed by the friend of the detenu, the detenu being Rahim Haroon Manoria @ Afzal Haroon Batatawala. The order of detention was issued by the respondent No. 2 under the provisions of the COFEPOSA Act on 31st March 1994 which was served on the detenu on 4th March 1997. The order of detention is annexed as Annexure A to the petition while the grounds of detention have been annexed as Annexure B to the petition.