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Challenge to detention order under COFEPOSA Act, 1974 based on non-application of mind by Detaining Authority. Analysis: The Writ Petition challenges a detention order passed against the Petitioner under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. The Petitioner argues that the order lacks proper application of mind as it merely reproduces the language of the Act without specifying the activities for which detention is sought. Citing legal precedents, the Petitioner contends that the use of disjunctive word "or" instead of conjunctive "and" in the order indicates casualness. The Detaining Authority's reliance on the statement accompanying the order is countered by the Petitioner, highlighting the need for clarity in specifying the grounds for detention. The Court examines the detention order in light of legal principles established in previous cases. Referring to the decision in Jagannath Mishra's case, the Court emphasizes the importance of using conjunctive language when multiple grounds form the basis of a detention order. Similarly, the judgment in Kishori Bera's case underscores the significance of clearly articulating the reasons for detention without ambiguity. The Court notes that the order in question fails to meet these standards, indicating a lack of proper consideration by the Detaining Authority. Drawing from legal precedents, the Court concludes that the detention order in the present case exhibits casualness in its formulation. Despite the seriousness of the alleged activities, the Court upholds the Petitioner's argument that fundamental rights must be safeguarded. Relying on the principle of judicial intervention, the Court quashes the detention order dated 11th June, 2010, directing the immediate release of the Petitioner unless required in other criminal proceedings. In summary, the judgment highlights the necessity for Detaining Authorities to exercise due diligence and clarity in issuing detention orders under the COFEPOSA Act, 1974. The Court's decision underscores the importance of upholding fundamental rights even in cases involving serious allegations, emphasizing the role of judicial oversight in ensuring procedural fairness.
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