MADHU KAMAL GYANCHANDANI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Habeas Corpus petition is filed by Smt.Madhu Kamal Gyanchandani, the wife of detenu : Mr.Kamal Shankarlal Gyanchandani who has been detained in pursuance of detention order dated 28th January 2008 issued under The Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as "the said Act" for short). The order of detention was served on the detenu on the same day i.e. 28th November 2008 along with grounds of detention and the documents relied by the detaining authority for issuing such a detention order.

(2.) The case of the detenu was referred to the Advisory Board which interviewed the detenu and after considering the case of the detenu found that there was sufficient cause for detaining the detenu under section 3(1) of the said Act. Upon receipt of report/opinion of the Advisory Board, the detention order has been confirmed under section 8(f) of the said Act. The confirmation order was also served on the detenu.

(3.) By the present writ petition the sustainability of the detention is questioned on two grounds. First ground is as to the delay that has been caused in issuance of the detention order which includes the delay caused by the sponsoring authority in moving the proposal for detention. The second ground is that a vital document was not placed before the Advisory Board when the case of the detenu was referred to the Board, as required by section 8(b) of the said Act. On this basis it is contended that such non placement of a vital document has resulted into causing infringement of the right of the detenu guaranteed under section 8 of the said Act and further that the confirmation of the detention of the detenu therefore suffers from non application of mind.