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2011 Supreme(Bom) 808

B.H.MARLAPALLE, U.D.SALVI
Shabbirbhai Bookwala – Appellant
Versus
State of Maharashtra through the Secretary to the Government of Maharashtra Home Department – Respondent


Advocates Appeared:
For the Petitioners:Mrs. A.M.Z. Ansari, Advocate.
For the Respondents: Ms. M.H. Mhatre, APP.

JUDGMENT

B.H. MARLAPALLE, J.

1. This petition seeking a writ of habeas corpus under Article 226 of the Constitution is directed against the order of detention passed on 11/2/2011 by the Secretary (Appeals and Security), Government of Maharashtra, Home Department and in his capacity as the Detaining Authority under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (the Act for short). The said order came to be executed on 17/2/2011 and while confirming it, as per the order dated 16/5/2011 under Section 8(f) of the Act, the period of detention has been said to be one year.

2. As per the reasoned order passed on the very same day i.e. 11/2/2011, on 24/3/2010, the officers of the Air Intelligence Unit (AIU), on the basis of the intelligence received, had intercepted the detenu in transit lounge on his arrival from Hongkong by Jet Airways Flight No.9W 0075 while he was found surreptitiously exchanging his hand bag and baggage with another passenger by name Shri Mohd. Shaikh Parvez Ali who was travelling to Delhi as a domestic passenger by Air India Flight No.AI 143 on the very same day. Both of them were brought to the office of the AI























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