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2008 Supreme(Bom) 297

R.M.S.KHANDEPARKAR, N.A.BRITTO
Kirti Sujit Satam – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared
Mrs. A.M.Z. Ansari for the Petitioner.
Mr. D. S. Mhaispurkar, APP for the Respondents -State.

Judgment


1. This writ petition has been filed by the wife of the detenu detained under the provisions of Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, by the order of detention passed by the Detaining Authority on 26.12.2005. It is submitted that the order of detention could not be served on the detenu as he was not available and ultimately he was arrested on 13.8.2007. Counter affidavit has been filed and we have heard the learned counsel for the parties.

2. The grounds of detention, is a very long document and the material on the basis of which the grounds have been framed are 1712 pages comprising of 154 documents. We propose to dispose of this writ petition on a short question and would not go into the grounds of detention, in detail.

3. The learned counsel for the petitioner has drawn our attention to the counter affidavit filed by the Detaining Authority. This counter affidavit discloses that the Detaining Authority had twice ordered detention of the detenu before actually she passed the order of detention. Sponsoring Authority made available material to the Detaining Authority on 26.9.2005, it was scrutinised and according to the Detaining Authori






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