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2022 Supreme(Cal) 1566

T. S. SIVAGNANAM, HIRANMAY BHATTACHARYYA
Shashank Singh Mourya – Appellant
Versus
Union Of India – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Sagar Bandopadhyay, Mr. Arijit Chakraborty, Mr. Debaditya Banerjee, Mr. Nilotpal Chowdhury, Mr. Prabir Bera
For the Respondent: Mr. Y.J. Dastoor, Ld. ASG, Mr. Vipul Kundalia, Mr. TapanBhanja, Ms. Samridhi Majumdar, Mr. Anurag Roy, Mr. Kaushik Dey

JUDGMENT :

T.S.SIVAGNANAM, J.

1. The petitioner is the son of the detenue who has been detained under Section 3(1) of the Conservation of Foreign Exchange & Prevention of Smuggling Activities Act 1974, [the Act], by order of detention dated 15.01.2021.The said order states that the appropriate authority is satisfied that with a view to prevent the detenue from smuggling of goods, abetting the smuggling of goods and dealing in smuggled goods otherwise than by engaging in transporting or concealing or keeping smuggled goods in future, it is necessary to make an order of detention under section 3(1) of the Act. The impugned order has been challenged on the ground that infringes his fundamental rights enshrined under Article19, 20 and 21 of the Constitution of India, that the order suffers from illegalities and procedural irregularities and thus is liable to be set aside. Further the subjective satisfaction of the detaining authority in issuing the order of detention is totally vitiated due to non-consideration of the relevant materials, total non application of mind to the relevant material and absence of live link between the instance of alleged smuggling activities and the date when t

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