- (1.) By way of Habeas Corpus writ petition Under Article 32 of the Constitution of India, the Petitioner is challenging the order of preventive detention bearing F. No. PSA-1215/CR-23/SPL-3(A) dated 16.04.2015 issued by Respondent No. 2 - the Principal Secretary (Appeals & Security), Government of Maharashtra, Home Department & Detaining Authority against him Under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as "COFEPOSA Act").
(2.) Challenging the same detention order dated 16.04.2015 issued by Respondent No. 2 herein, the Petitioner's son filed a petition bearing Writ Petition No. 2076 of 2015 before the High Court of Judicature at Bombay. By impugned judgment dated 03.07.2015, the High Court dismissed the petition. Against the said order, the Petitioner's son has filed S.L.P. (Crl.) No. 7010 of 2015 Under Article 136 of the Constitution of India before this Court.
(3.) Brief facts: (a) On 16.04.2015, a detention order was issued by Respondent No. 2 herein Under Section 3(1) of COFEPOSA Act for detaining the Petitioner herein to prevent him from smuggling of goods in future. (b) On 20.4.2015, the detention order along with Grounds of Detention and the list of relied upon documents was served on the Petitioner and he was thereafter lodged in custody in Nashik Road Central Prison at Nashik, Maharashtra. (c) On 14.05.2015, the Petitioner made a representation to the Detaining Authority as well as the Advisory Board, inter alia, praying therein to allow him to be represented through any legal practitioner/counsel of his choice before the Board. The representation dated 14.05.2015 was rejected by the Detaining Authority on 28.05.2015 and the same was communicated to the Petitioner on 03.06.2015. (d) On 05.06.2015, a letter was issued by the Advisory Board through its Secretary informing the Petitioner that the date of hearing before it was scheduled on 12.06.2015. The said letter was received by the Petitioner on 06.06.2015 in prison. (e) On 12.06.2015, the Petitioner submitted a written request to the Advisory Board for a short adjournment so that he can make arrangement for the counsel. (f) On 03.07.2015, the Petitioner got an order dated 29.06.2015 written by the Section Officer to the Government of Maharashtra, Home Department communicating him that after considering the report of the Advisory Board, he is directed to be detained for a period of one year from the date of detention, i.e., 20.04.2015. (g) Against the said order, the Petitioner has filed this writ petition and his son has filed special leave petition against the impugned judgment dated 03.07.2015 passed by the High Court of Judicature at Bombay.;