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2013 Supreme(Bom) 242

A.S.OKA, A.P.BHANGALE
Husainbi Abdulla Ghalamsalam Indian Inhabitant – Appellant
Versus
State of Maharashtra through the Additional Chief Secretary to the Government of Maharashtra – Respondent


Advocates Appeared:
For the Petitioner:Mrs. A.M.Z. Ansari a/w. Mrs. N.S.K. Ayubi i/b. P.D. Pise, Advocates.
For the Respondents: Mrs. A.S. Pai, A.P.P.

Judgment:-

A.P. Bhangale, J.

1. Rule. Heard finally by consent. Perused affidavits and documents filed on record.

2. The Writ Petitioner prayed for to quash and set aside the order of detention bearing no. PSA 1211/CR109/Spl.03 (A) dated 13-06-2012 issued from Ms Medha Gadgil the Principal Secretary (Appeals and Security), Home Department, (Special) Government of Maharashtra at Mantralaya, Mumbai and for release of the detenue. The order against the detenue was issued under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Act with reference to COFEPOSA (Maharashtra conditions of detention) Order 1974 with a view to prevent him in future from smuggling the goods . After the said order was served upon the detenue he was taken in detention. On the same date 13-06-2012 communication bearing no. PSA 1211/CR-109 /Spl-3(A) was issued by the same authority containing grounds of detention, containing the copy of the list of documents purportedly placed before the Authority issuing detention order.

3. It is case of the Petitioner that on 07-08-2011 the detenue was apprehended along with the co-detenue Sayed Ali Syed Madar by the Officer by the officer of the













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