STATE OF MAHARASHTRA Vs. SUSHILA MAFATLAL SHAH

JUDGEMENT

(1.) Leave granted.

(2.) We may now have a look at the facts. On 21-8-86 the detenu was caught in the act of transporting ten gold biscuits of foreign origin. On 23-10-86 the Collector of Central Excise and Customs sent a proposal to the State Government for action being taken against the detenu under the COFEPOSA Act and on 17-11-86 he furnished, in response to Government' s query, some additional information about the detenu. On 2-2-87 an order of detention under Section 3(l) of the COFEPOSA Act was passed by D. N. Capoor in exercise of the powers specially conferred upon him by the Government of Maharashtra for the purpose of S. 3 of the Act. In the grounds of detention the detenu was informed that he had a right to make a representation to the State Government as also to the Government of India against the order of detention. On 15-2-87 the order of detention as well as the grounds of detention were served on the detenu.

(3.) On 14-3-87 the detenu preferred a representation addressed to D. N. Capoor and it was forwarded by the Superintendent, Central Prison, Nasik with a covering letter dated 17-3-87 to the Government. The Government after calling for remarks from the Assistant Collector of Customs and Central Excise, Pune rejected the representation of the detenu by order dated 3-4-87 and the said order was communicated to the detenu on 4-4-87 through the Superintendent of the Central Prison, Nasik.