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2003 Supreme(Bom) 375

D.G.DESHPANDE, P.V.KAKADE
Suprabha Bhupesh Sen – Appellant
Versus
State of Maharashtra & others – Respondent


JUDGMENT - DESHPANDE D.G., J.:---Heard the learned Counsel for the petitioner and the learned A.P.P. for the State.

2. The petitioner is detained under COFEPOSA Act by the detention order dated 11-3-2002. In the grounds of detention, it is stated that the petitioner was intercepted by the Air Intelligence Unit of Customs Department on 1-9-2001 when she was going abroad to Dubai by A.I. 845 flight. After immigration and customs clearance, it was found that the petitioner was carrying an amount of Rs. 5,58,500/- concealed in the cavities made in the sandals worn by her and in the hand baggage. Her statement was recorded under section 108 of Customs Act on the same day and thereafter the order of detention was clamped upon her. The Detention Authority also noted in the aforesaid statement of the petitioner that, on earlier occasion also in the year 1998 she was caught by the Customs Commissionerate for attempting to smuggle Rs. 7 lacs worth Indian currency on the way to Dubai and she was released from the matter as a special case after deduction and adjustment of Rs. 70,000/- towards redemption fine in lieu of confiscation.

3. The detention order was challenged by the petitioner on numb







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