NAJMUNNISA MOHAMMED ALI CHOOURI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BY virtue of Article 226 of the Constitution of India, this writ of habeas corpus has been filed by the petitioner who is the wife of the detenu, by name, Mohamed Ali Choouri detained by an order bearing no. SPL 3(A) /PSA-0195/24 dated 5.4.1995 passed by the Secretary (Preventive Detention) Home Department and Detaining Authority, Government of Maharashtra, Mantralaya, Bombay - 2nd respondent herein - by virtue of sub-clause 1 of section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (52 of 1974), impugning the same and praying to quash the said order. The detention order, grounds of detention and a list of documents relied upon by the respondents were served on the detenu on or about 7.2.1997.

(2.) SINCE the impugned order above referred passed by the 2nd respondent has been challenged purely on the legal ground, we feel it inconvenient and unnecessary to refer the factual matrix of this case and that, however, with the consent of both the parties, we have heard the learned counsel for the respective parties.

(3.) TO substantiate the said ground, Mrs. Ansari, learned counsel appearing for the petitioner brought to our attention to a detailed order passed in the Bail Application shown at annexure-D in the petition. It shows with reference to Bail Orders dated 14.1.95 and 17.1.95 that a detailed order has been passed in R.A. No.12/95 by the learned Chief Metropolitan Magistrate, Esplanade, Bombay on 20.1.1995. The reasonings to grant of bail to both the accused, viz. Mohamed Ali Chooru - the detenu herein- and another MS. Mohiddin @ Majeedhu Rawthergani, contained in four paras which are stated as hereunder: