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2015 Supreme(Bom) 1058

S.C.DHARMADHIKARI, A.S.GADKARI
Bandu Shivaji More Indian Inhabitant – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
Mrs. Aisha M.Z. Ansari with Mrs. Nasreen Ayubi for the Petitioners
Mr. Jayesh P. Yagnik, A.P.P. for the State
Mrs. A.S. Pai, Spl. P.P. for Respondent No.3
Ms. Rebecca Gonsalvez for Respondent No.5

JUDGMENT :

A.S. GADKARI, J.

The present Petitions under Article 226 of the Constitution of India have been preferred by the Petitioners, challenging the separate orders dated 4th February, 2015 passed by the Respondent No.2 in exercise of powers under Section 3(1) of the Conservation Of Foreign Exchange and Prevention Of Smuggling Activities Act, 1974 ('COFEPOSA Act' for short). All the three impugned orders are the orders of preventive detention against the detenues therein. Writ Petition No.1048 of 2015 has been preferred by the brother of detenu Ramdas Shivaji More. Writ Petition No.1049 of 2015 has been preferred by the cousin brother of detenu Pandurang Ramchandra Jadhav @ Popat Jadhav. Writ Petition No.1050 of 2015 has been preferred by the cousin brother of detenu Sagar Vishnu Suryavanshi. The detention orders dated 4th February, 2015 passed in exercise of powers conferred by Section 3(1) of the COFEPOSA Act which are the subject matter in Writ Petition No.1048 of 2015 and Writ Petition No.1050 of 2015 have been passed with a view to prevent the detenues therein, in future from engaging in transporting of smuggled goods. The impugned order dated 4th February, 2015 in Writ Peti



































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