MOHAMMED ILYAS AHMED Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE Petitioner is the brother of one Mohammed Aiyaz Ahmed, who was detained by the order dated 6th June 1998 issued by the Secretary to the Government of Maharashtra, Home Department (Preventive Detention) under section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter called the Act) and also by the Government Order No.PSA 1098/8 SPL.3(A). Annexure 'A' is the said order of detention and Annexure 'B' is the grounds of detention which was passed on the same days both were served on the detenu on 26-6-1998.

(2.) THE detention order has been challenged by the petitioner on several grounds. However the learned counsel for the petitioner Mrs. A.N.Z. Ansari has pressed before us only one ground. The said ground has taken as ground 4(v) of the petition. The said ground in short is that, in para 6 of the grounds of detention, though it has been stated that the search of the brief case belonging to the detenu resulted in recovery of nine documents, all are in incriminating nature, only four of those documents were served on the petitioner along with the order of detention. This, according to the learned counsel for the petitioner, would vitiate the order of detention as the detenu's right under Article 22(5) of the Constitution is impaired. For better appreciation of her contention, we extract the relevant portion,of the ground 4(v) of the writ petition, which runs as under:

(3.) THE Sponsoring Authority also filed a reply to the above allegations of the petitioner. Shri Malkit Singh, Assistant Commissioner of Customs, COFEPOSA cell, Airport, Mumbai, Sponsoring Authority, has converted the allegations of the petitioner. It is stated in para 5 of the reply of the Sponsoring authority, thus: