RAJ MOHAMMED DESHMUKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) IN this petition filed under Article 226 of the Constitution, the detention order dated 6/8/2009 passed under section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 ("the COFEPOSA Act" for short) has been challenged by the petitioner who is the brother of the detenu - Shri Samad Ismail Deshmukh and the petitioner has prayed for a writ of habeas corpus for the release of his brother, the detenu. The detention order was served on the detenu on 17/8/2009 and the detention period will expire on 16/8/2010.

(2.) THE order states that it has been passed with a view to preventing the detenu in future from smuggling goods, abetting the smuggling of goods, engaging in transporting smuggled goods and harbouring persons engaged in smuggling goods and all these activities fall under Clauses (a), (d),(e), (f)and(h) of section 111 of the Customs Act, 1962.

(3.) THE affidavits-in-reply have been filed by Mrs. Medha Gadgil, Principal Secretary (Appeals 8s Security), Government of Maharashtra, Home Department, Mantralaya, Mumbai and the Detaining Authority and Mrs. Anna Dani, the then Principal Secretary (Appeals and Security) and the Detaining Authority who had passed the detention order dated 6/8/2009.