KURESH TAHER RAJKOTWALA Vs. STATE OF HARYANA

JUDGEMENT

(1.) This criminal writ petition has been filed by Kuresh Taher Rajkotwala under Article 226 of the Constitution of India, praying for issuance of a writ setting aside order of detention bearing No. PSA- 1207/CR-113(2) SPL-3(A) dated 22.5.2008 (Annexure P-1), passed by the Principal Secretary (Appeals and Security), Government of Maharashtra, Home Department and Detaining Authority (respondent No. 3) under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974.

(2.) Learned Counsel for the petitioner contends that the issue is, now, squarely covered by the judgment rendered by the Hon'ble Supreme Court of India in Deepak Bajaj v. State of Maharashtra, 2009 AIR(SC) 628. In the case of co-detenu of the petitioner, relief has been granted and the detention order has been quashed on the ground that retraction statements given by the co-detenu were not communicated by the Sponsoring Authority to the Detaining Authority and, therefore, the same could not be considered.

(3.) Learned Counsel for respondents No. 2 and 3 has not been able to dispute the fact that retraction statements given by the petitioner, indeed, were not placed before the authorities. Learned Counsel for respondents No. 2 and 3 has further not been able to dispute that the judgment cited is in the case of a co-detenu of the petitioner relates to the same incident.