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2013 Supreme(Bom) 2362

A.S.OKA, S.C.GUPTE
Sanjay Soni – Appellant
Versus
Principal Secretary (Appeals & Security) to the Government – Respondent


Advocate Appeared
For the Petitioner:U.N. Tripathi i/by Jayshree U. Tripathi, Advocates.
For the Respondents: J.P. Yagnik, AGP, R6, A.S. Pai, APP.

Judgment

A.S. Oka, J.

1. By this Petition Under Article 226 of the Constitution of India, the Petitioner has taken an exception to the order of Prevention of Detention dated 25th January, 2012 (Exhibit “A” to the petition). The order has been passed in exercise of powers under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short “COFEPOSA”). The order impugned has been passed with a view to prevent the Petitioner from smuggling goods in future.

2. The Learned Counsel appearing for the Petitioner has pressed into service the grounds (g) and (j) of Paragraph 7 of the Petition. The said grounds read thus:

“(g) The Petitioner says and submits that with reference to the averment made by the detaining authority in paragraph 51 of the grounds of detention, list of documents which are not legible is also enclosed, which clearly shows non-application of mind of the detaining authority. If the documents are illegible, the question arises that how the detaining authority has understood the contents of illegible documents relied on documents to pass an order of detention being subjectively satisfied. The satisfaction of the detaining





























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