SAJID DILAWAR KHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is a petition filed by the brother of the detenu, who has been detained by order dated 16th August, 2007 in terms of provisions of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. Though the order was passed on 16th August, 2007, it was executed on 22nd October, 2007. The grounds of detention were served thereafter. The Order of Detention has been challenged on various grounds.

(2.) The respondents have filed their counter-affidavit. We have gone through the record and heard the learned counsel for the parties.

(3.) Essentially, there is only one ground of detention on which the detention has been ordered, and that relates to an incident of 3rd April, 2006, when the detenu arrived by a flight from Dubai, and on search, it was found that he was carrying --