HARSHALA SANTOSH PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner (wife of the detenu, Santosh Pandurang Patil) herein inter alia prays for issuance of a writ of habeas corpus for quashing an order of detention dated 21.7.2005 passed against the detenu u/s. 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 ("the COFEPOSA Act").

(2.) For alleged commission of an offence on the part of the detenu u/s. 135 of the Customs Act on an allegation that common salt having been exported by misdeclaring it as high value G salt a criminal proceeding was initiated against him. The said incident is said to have taken place on 10.2.2005.

(3.) The detenu was arrested on 9.3.2005. He was released on bail on 7.4.2005. Indisputably, the detenu made two pre-detention representations, one on 23.5.2005 and another on 27.6.2005 whereafter the impugned order of detention was prepared.