LAWS(BOM)-2012-8-110

MAYA AJIT SATAM Vs. STATE OF MAHARASHTRA

Decided On August 24, 2012
MAYA AJIT SATAM Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) This Petition, under Article 226 of the Constitution of India has been filed by the wife of the detenu Ajit Bapu Satam, who has been detained pursuant to the detention order passed by the Principal Secretary (Appeals and Security), Home Department, Government of Maharashtra, and Detaining Authority, dated 14th March, 2012, in exercise of powers under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as "the COFEPOSA Act" for short), with a view to prevent the detenu in future from smuggling goods.

(2.) The detenu was served with the grounds of detention, which advert to the continual criminal activities of the detenu necessitating issuance of detention order, with a view to prevent him from indulging into the smuggling activities in future. It is stated that on the basis of specific intelligence that a syndicate headed by the detenu along with Deepak Jare was engaged in smuggling of red sanders to Dubai, the offices of DRI intercepted three containers namely CLHU-8757522, BAXU-2594270 and BAXU-2643415 at Punjab Conware CFS, Nhava Sheva on 2nd September, 2011. The Containers were declared to contain 1883 Nos. of "Plastic Moulded Crates Model No. 2001", "White Guava Pulp" respectively, but, were found to contain huge quantity of red sanders. The red sanders recovered from the three containers, totally valued Rs. 5.03 crores, was seized under the provisions of the Customs Act, 1962.

(3.) It is further stated that simultaneous search operations were carried out at the stated places, allegedly used as residence and also office premises of the detenu and his companions including the permanent room booked at Hotel Taj Lands end at Room No. 1902, Bandstand, Bandra (W) 400050. The searches led to seizure of unaccounted cash amount of aggregate Rs. 2,65,70,000/-, Skoda Fabia Car, five high end cars i. e. two Bentley and three Mercedez, laptops, computer CPU, 14 mobile phones and other incriminating items such as plain bottle seals without any markings, broken bottle seals, metal dies containing insignia of various Customs and Central Excise Officers, packets of metal fonts, stamping foils, numeric dies, etc.