- (1.) Heard learned counsel for the parties.
(2.) This writ petition, under Article 226 of the Constitution of India, takes exception to the detention order dated 25 th October, 2011, passed by the Principal Secretary to the Government of Maharashtra, Home Department and Detaining Authority, Mantralaya, Mumbai 32 (for short Detaining authority),in exercise of powers under Section 3 (1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (52 of 1974) (hereinafter referred to as the said "COFEPOSA Act" for the sake of brevity) with a view to prevent the detenue in future from "smuggling goods"
(3.) After the detenue was detained, the grounds of detention have been served on him. Even from the fair reading of grounds of detention what can be discerned is that the detaining authority thought it essential to issue detention order in question against the detenue being subjectively satisfied that it was imperative to pass such order with a view to prevent the detenue from smuggling goods in future. In other words, the detaining authority has invoked ground ascribable only to section 3 (1)(i) of the COFEPOSA Act. No other ground provided under Section 3 (1) had weighed with the detaining authority while recording her subjective satisfaction. We may usefully reproduce the relevant portion of the detention order as well as the grounds of detention which would substantiate this position. The same read thus : DETENTION ORDER. No.PSA 1211/CR 54/SPL/3(A) 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 Department (Special) No.MIS 2009/CR 113/SPL 3(A), dated the 30 th September, 2009, am satisfied with respect to the person known as Shri Mohammed Ashif, (Age 32 years) residing at H.No.132, Patel Compound, Kidwai Road, Bhatkal, Karwar, North Kanara, Karnataka 581320 that with a view to preventing him in future from smuggling of goods, it is necessary to make the following order..." "GROUNDS OF DETENTION : 9. Considering the nature and gravity of the offence and the well organized manner in which you have engaged in such prejudicial activities. It is imperative that you should be detained under the provisions of COFEPOSA Act, 1974, with a view to prevent you from indulging in smuggling activities in future.";