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2006 Supreme(SC) 747

B.P.SINGH, R.V.RAVEENDRAN
Sheetal Manoj Gore – Appellant
Versus
State Of Maharashtra – Respondent


JUDGMENT

B.P. Singh, J. — The instant Habeas Corpus petition has been filed by the petitioner Sheetal Manoj Gore, wife of Manoj Arjun Gore (the detenu) impugning the order of detention passed under Section 3(1) of Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 on January 27, 2006. The order of detention has been challenged mainly on three grounds namely, delay in passing the order of detention, non-application of mind by the detaining authority and supply of documents in a language which he did not understand.

2. According to the petitioner, the detenu is the proprietor of M/s. Manoj Enterprises. It is stated in the impugned grounds of detention that the detenu acted as an agent of some exporters and was found to be involved in fraudulent exports made by those exporters. On a perusal of the order of detention it would appear that goods seized were found to be mis-declared as to their nature and value. Some of the seized goods were goods cleared without payment of Central Excise duty from factories declaring them as meant for export but diverted to local market. In the corresponding airway bills the goods were described as “Industrial Raw Material”



















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