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2015 Supreme(Bom) 1008

S.C.DHARMADHIKARI, G.S.KULKARNI
Bittu Choith Harchandani – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
Mr. Sanjay Agarwal i/b. M/s. Prompt Legal, for the Petitioner
Mr. Jayesh P. Yagnik, APP for the State-Respondents

JUDGMENT :

S.C. DHARMADHIKARI, J.

1. The order of detention dated 16.4.2015 issued by the second respondent to this Writ Petition is challenged by the detenu's son.

2. The detenu has been lodged at Nasik Road Central Prison in pursuance of an detention order dated 16.4.2015. That order passed by the second respondent is under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short 'COFEPOSA').

3. The petitioner has stated that the detenu was scheduled to depart for Singapore by Jet Airways Flight No.9W 012 and hence arrived at the Mumbai International Air Port. Because of his alleged suspicious movement, the officer of the third respondent informed others and a discreet watch was kept over him. When the detenu checked in his baggage at the counter, the officers in plain clothes intercepted him. The detenu was carrying assorted foreign currency equivalent to Indian Rs.38,10,565/- which was seized from his possession / baggage under panchanama dated 21.11.2014. By an arrest memo dated 22.11.2014 the detenu was arrested. It was alleged that he attempted to smuggle the foreign currency out of India. He was produced before the Competent Magistrate's




















































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