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2012 Supreme(Bom) 1606

A.M.KHANWILKAR, A.R.JOSHI
Maya Ajit Satam – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
For the Petitioner:Vikram Chaudhary a/w D.S. Mhaispurkar, Sanjay Agarwal, Yogesh Rohira, Advocates.
For the Respondents:Rafiq Dada, Sr. Counsel a/w Ms. A.S. Pai, D.R.I., D.J. Khambatta, Advocate General, a/w Ms. M.H. Mhatre, APP, J.P. Yagnik, APP.

Judgment :-

A.M. Khanwilkar, J.

1. This Petition, under Article 226 of the Constitution of India has been filed by the wife of the detenu Ajit Bapu Satam, who has been detained pursuant to the detention order passed by the Principal Secretary (Appeals and Security), Home Department, Government of Maharashtra, and Detaining Authority, dated 14th March, 2012, in exercise of powers under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as “the COFEPOSA Act” for short), with a view to prevent the detenu in future from smuggling goods.

2. The detenu was served with the grounds of detention, which advert to the continual criminal activities of the detenu necessitating issuance of detention order, with a view to prevent him from indulging into the smuggling activities in future. It is stated that on the basis of specific intelligence that a syndicate headed by the detenu along with Deepak Jare was engaged in smuggling of red sanders to Dubai, the offices of DRI intercepted three containers namely CLHU-8757522, BAXU-2594270 and BAXU-2643415 at Punjab Conware CFS, Nhava Sheva on 2nd September, 2011. The Containers
































































































































































































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