Criminal Writ Petition No. 2530 of 2010. Case: Naresh Kumar Sachadeva Vs State of Maharashtra and others. High Court of Bombay (India)
| Case Number | Criminal Writ Petition No. 2530 of 2010 |
| Counsel | U. N. Tripathi, J. P. Yagnik, Mandar Goswami |
| Judges | A. M. Khanwilkar & U. D. Salvi, JJ. |
| Issue | Conservation of Foreign Exchange and Prevention of Smuggling Activities (Maharashtra Conditions of Detention) Order, 1974; Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 - Section 3(1); Maintenance of Internal Security Act, 1971; Constitution of India, 1950 - Article 226 |
| Judgement Date | September 09, 2010 |
| Court | High Court of Bombay (India) |
Judgment:
A. M. Khanwilkar & U. D. Salvi, JJ.
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This Writ Petition under Article 226 of the Constitution of India takes exception to the detention order passed against the Petitioner in exercise of powers conferred under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 by the Principal Secretary (Appeals and Security), Government of Maharashtra, Home Department and Detaining Authority.
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For answering the ground raised before this Court, we think it apposite to reproduce the relevant portion of the detention order which reads thus:
"...Whereas I, Medha Gadgil, Principal Secretary (Appeals & Security) to the Government of Maharashtra, Home Department, Specially empowered under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (52 of 1974) vide Government Order, Home Depatment (Special) No.MIS-2009/CR-113/SPL-3(A), dated the 30th Septemeber, 2009, am satisfied with respect to the person known as Shri Naresh Kumar Sachadeva (Age 40 years) residing at GD-81, Ground Floor, Pritampura, New Delhi, that with a view to preventing him in future from engaging in transporting or concealing or keeping smuggled goods and dealing in smuggled goods it is necessary to make the following order:
In exercise of powers conferred by section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (52 of 1974), I hereby direct that the said Shri Naresh Kumar Sachadeva be detained under the COFEPOSA ACT, 1974.
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In pursuance of the Conservation of Foreign Exchange and Prevention of Smuggling Activities (Maharashtra Conditions of Detention) Order, 1974 read with Government Order, Home Department No. SBIII/ISA-3974 (V), dated the 18th December 1974, I hereby further direct that said Shri Naresh Kumar Sachadeva shall be detained in the Nashik Road Central Prison, Nashik and shall be subject to the conditions laid down in the said Conservation of Foreign Exchange and Prevention of Smuggling Activities (Maharashtra Conditions of Detention)Order, 1974." (Emphasis supplied)
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According to the Petitioner, on plain reading of the detention order it is more than clear that it is couched in such a manner that it demonstrates the element of casualness and resultantly is vitiated on account of non- application of mind. The argument proceeds that the Detaining Authority has merely reproduced the language of Section 3(1) of the Act...
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