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1999 Supreme(SC) 1096

M.SRINIVASAN, N.S.HEGDE, G.B.PATTANAIK
Meena Jayendra Thakur – Appellant
Versus
Union Of India – Respondent


Judgment

Pattanaik, J.-This appeal is directed against the judgment dated 18.1.95 - 20.1.95 of the Bombay High Court in Criminal Writ Petition No. 701 of 1994. The appellant is the wife of the detenu, Jayendra Vishnu Thakur. The State of Maharashtra issued an order of detention under Section 3(i) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as the ‘COFEPOSA Act’) on 5.2.92. The detenu was served with the order of detention on 13.8.93 while he was in custody on being arrest­ed on 23.7.93 in some other criminal case. On 15.9.93, a declaration was made under Section 9(i) of the COFEPOSA Act thereby extending the period within which the procedural requirements under Section 8 of the said Act could be complied with. The case of the detenu was referred to the Advisory Board on 15.9.93 and the Advisory Board gave its opinion stating that there exists sufficient cause for detention of the person concerned and on the basis of the said opinion, the State Government confirmed the order of detention under Section 8(f) of the Act by order dated 17.11.93. The appellant filed the writ petition in the Bombay High Court on 15.5.94






































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