MASSA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner assails his detention under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, in pursuance of order dated 14th August, 1987 (Annexure P1). Though the challenge to this order is on a wide variety of grounds yet after hearing the learned counsel for the parties at some length I am satisfied that the petition deserves to be allowed on the very first ground that the order suffers from non-application of mind. The operative part of this orders reads as follows :-

(2.) IT is the conceded case of the State authorities that the grounds of detention (Annexure P2) which were supplied to the petitioner, and on which the impugned order P1 was founded, are covered by clauses (iii) and (iv) of this sub-section. Original record pertaining to the case has been produced before me and it is apparent therefrom that on 7th August, 1987, the detaining authority, i.e., the Additional Chief Secretary, recorded his satisfaction in the following manner :-

(3.) IN the light of the discussion above, I find it unnecessary to go into the other grounds taken on behalf of the petitioner to assail the impugned order.