WAHAJUDDIN SHAIKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) - Heard Shri Karmali, Advocate, for the petitioner and Shri Habibuddin Ahmed, A. P. P. , for the State. By this petition the order of detention under the conservation of foreign Exchange and Prevention of Smuggling Activities Act, 1974 is challenged by the friend of detenu.

(2.) THE incident of seizure of foreign exchange currency is dated 14-12-1987. The order of detention is dated 16-8-1988. Undisputed position is that the show cause notice dated 12-4-1988 issued under Section 124 of the Customs Act and the reply dated 25th May 1988 in which the earlier confessional statement is retracted has not been placed by the Sponsoring Authority before the Detaining Authority. Various points were urged but it is sufficient to deal only with one.

(3.) IT is settled position that in a background like this show cause notice as well as reply are vital documents which can affect one way or the other the subjective satisfaction of the Detaining Authority and non-supply of this material vitiates the order of detention. In this connection the following decisions may be noticed: State of U. P. v. Kamal Kishore Saini, Ayya alias Ayub v. State of U. P. and anr. , Smt. Diwaliben v. Union of India and ors Raghu Dasu Shetty v. The Union of India and ors. Murjibhai Dhanjibhai Patel v. State ofgujarat and ors.