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2016 Supreme(SC) 1603

A.K.SIKRI, R.K.AGRAWAL
P. P. Rukhiya – Appellant
Versus
Joint Secy. , Government – Respondent


Advocate Appeared:
For the Appellant :Shri R.S. Sodhi, Sr. Advocate, Ms. Vandana Sharma, Ms. Shikha Tyagi and P.K. Manohar, Advocates.
For the Respondent:Shri K. Radhakrishnan, Sr. Advocate, T.C. Sharma, Ms. Rashmi Malhotra, Ms. Sunita Rani Singh and Arvind Kumar Sharma, Advocates.

ORDER :

1. Criminal Appeal No. 947 of 2005 : Few facts which need to be taken note of for the purposes of deciding this appeal are recapitulated below.

2. On 11-4-2000, there was a search conducted on the residence of the appellant, though no incriminating material was found therein. However, in some customs case, the husband of the appellant was arrested on 27-7-2003 along with two other co-accused persons. Other co-accused filed bail application which was rejected by the trial court. The said co-accused, thereafter, went to the High Court challenging the order of the trial court dismissing his bail application. The High Court on 29-8-2003 dismissed the said bail application of the co-accused. At the same time, it ordered the trial court to conclude the trial in the aforesaid customs case within six months. Insofar as the husband of the appellant is concerned, he had not made any bail application. The respondent passed order dated 6-10-2003 under Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as 'COFEPOSA Act') for detention of the husband of the appellant/detenue herein. As mentioned above, as on that date, the husband of










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