NAJMA MOHAMMED KINJU Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BY this petition the petitioner is challenging an order of detention dated 29.8.07 issued by the Principal Secretary (Appeals & Security) to the Government of Maharashtra-respondent No.2 against the husband of the petitioner under section 3(1) of the Conservation of Foreign Exchange & Prevention of Smuggling Activities Act, 1974 (hereinafter for brevity referred to as "COFEPOSA Act") and seeks release of the detenu. The challenge to the order is on two grounds viz. (a) that the impugned order of detention suffers from non application of mind in as much as the detention order seeks to prevent the detenu from smuggling goods whereas the grounds of detention does not make any reference to the smuggling goods but refers to acts which are covered by clause (ii) and (iv) of the Act and (b) the discrepancy in the detention order and the grounds of detention denied a fair opportunity to the detenu to make an effective representation against the order of detention.

(2.) PERUSAL of the detention order reveals thus:-

(3.) LEARNED counsel appearing for the petitioner has placed reliance on a judgment in the case of Mahinder Singh Balwant Singh Oberai vs. The State of Maharashtra & Ors. (Writ Petition No.2610 of 2005 decided on 4.8.2006). In the said case the detention was with a view to prevent the detenu from "dealing in smuggled goods", a ground provided by section 3(1)(iv) of the Act. However the activities were in the nature of abetting, smuggling of goods and in this context this Court observed :