- (1.)THROUGH this writ petition preferred under Article 226 of the Constitution of India, the petitioner who describes himself as the brother-in-law of the detenu Shravankumar Vaishnav @ Kailash has challenged the order dated 17-10-1998 passed by the 2nd respondent Mr. G. S. Sandhu, Secretary to the Government of Maharashtra, Home Department, (Preventive Detention) Mantralaya, Mumbai 32, detaining the detenu under section 3 (1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (52 of 1974 ). The detention order along with the grounds of detention, which are also dated 17-10-1998, was served on the detenu on 19-6-2000 and their true copies are annexed as Annexures A and B respectively to this petition.
(2.)THE prejudicial activities of the detenu prompting the 2nd respondent to issue the impugned order are contained in the grounds of detention (Annexure B ). Since in our judgment a reference to them is not necessary for the adjudication of ground 5 (x) pleaded in the petition, on which ground alone in our judgment this petition deserves to succeed, we are not adverting to them.
(3.)WE have heard learned Counsel for the parties. Although in this writ petition Ms. A. N. Z. Ansari, learned Counsel for the petitioner has pleaded a large number of grounds, numbered as grounds 5 (1) to 5 (x) but since, as mentioned earlier, this petition deserves to succeed on ground 5 (x) we are not adverting to them.