FAROOQ P Vs. C D SINGH

JUDGEMENT

(1.) THE petitioner detenu has challenged the order passed by the first respondent viz. the detaining authority Shri C.D.Singh, Principal Secretary, Government of Maharashtra, Home Department dated 18-9-1996 under section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (here in after referred to as 'COFEPOSA').

(2.) THE detaining authority, considering the material placed before him, has recorded satisfaction that with a view to preventing him in future from dealing in smuggled goods otherwise than by engaging in transporting, concealing, keeping smuggled goods and accordingly in exercise of the powers conferred on him has passed the order. The detaining authority has also formulated the grounds based on the material as per the grounds of detention dated 18-9-1996 and the said order of detention was served on the detenu when he was in judicial custody in connection with the offence registered against him on 19-9-1996. The detenu was furnished the order of detention and the grounds of detention and other material relied upon by the detaining authority while passing the order of detention. The Additional Secretary to the Government of India has also served declaration under section 9(1) of the COFEPOSA on the detenu.

(3.) THE affidavit in reply has been filed dealing with the contentions taken in the petition, by one Shri M.M.Kamble, Deputy Secretary to the Government of Maharashtra, Home Department (Special), Mantralaya, Mumbai on behalf of the detaining authority as well as an affidavit is filed on behalf of the Sponsoring Authority by Shri L.Satya Srinivas, Assistant Director, Directorate of Revenue Intelligence, Mumbai Zone Unit. An affidavit is also filed by Shri S.C.Bhagure, Jailor, Group-II attached to Nasik Road Central Prison, Nasik as well as by Shri R.Y.Nalawade, Desk Officer, Government of Maharashtra, Home Department (Special).