SALEMAMAD SULEMAN GADH Vs. HOME MINISTRY DEPUTY SECRETARY GANDHINAGAR

JUDGEMENT

(1.) In this petition under Art. 226 of the Constitution the petitioner who is detained under sec. 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act 1974 (`the COFEPOSA Act) has challenged the order of his preventive detention on diverse grounds.

(2.) The order of detention is dated 26-5-1986. That order is supplied by grounds of detention (Annexure B). They are of even date. They were supplied to the detenu alongwith the order of detention when he was taken in custody. Actual date of his detection is 26-5-1986. This detention order has been followed by a declaration under sec. 9(1) of COFEPOSA Act issued by Mr. M. L. Wadhwan Additional Secretary to the Govt. of India in exercise of his powers under sec. 9(1) of the COFEPOSA Act. A copy of the said declaration is at Annexure D to the petition. Its Gujarati version is on the next page of the petition.

(3.) This petition was admitted to final hearing on 29-12-1986 by a Division Bench of this Court consisting of D. C. Gheewala and J. P. Desai JJ. In response to the Rule issued in the petition Mr. R. B. Verma Assistant Collector of Customs (COFEPOSA) has filed his affidavit in-reply. Mr. M. L. Wadhwan Additional Secretary to the Government of India Ministry of Finance Department of Revenue who is author of sec. 9(1) declaration has filed his affidavit-in-opposition. Mr. P. N. Roychaudhary Deputy Secretary to the Government of Gujarat Home Department (Special) has also filed his affidavit-in-opposition. It is followed by one additional affidavit of Mr. P. V. Baria Police Inspector C.I.D. (Crime).