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2006 Supreme(SC) 1042

MARKANDEY KATJU, S.B.SINHA
HARSHALA SANTOSH PATIL – Appellant
Versus
STATE OF MAHARASHTRA – Respondent


ORDER

1. The petitioner (wife of the detenu, Santosh Pandurang Patil) herein inter alia prays for issuance of a writ of habeas corpus for quashing an order of detention dated 21-7-2005 passed against the detenu under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 ("the COFEPOSA Act").

2. For alleged commission of an offence on the part of the detenu under Section 135 of the Customs Act on an allegation that common salt having been exported by misdec1aring it as high value 'G' salt a criminal proceeding was initiated against him. The said incident is said to have taken place on 10-2-2005.

3. The detenu was arrested on 9-3-2005. He was released on bail on 7-4-2005. Indisputably, the detenu made two pre-detention representations, one on 23-5-2005 and another on 27-6-2005 where after the impugned order of detention was prepared.

4. It is not in dispute that the order of detention was passed by the empowering authority being Principal Secretary (Appeals and Security), Government of Maharashtra, Home Department. The detenu was arrested in Delhi on 16-2-2006 and he was, thereafter, taken to .Mumbai and order of detention was served upon h















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