SHOBHA REMESH PAREKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is a petition for Habeas Corpus by the wife of a detenu who has been detained under the provisions of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (hereinafter called COFEPOSA Act).

(2.) The detenu is carrying on business as a professional photographs and sells photographic equipments to his customers. On 7th November, 1981 he was served with an order of detention dated 4th November, 1981 by the Government of Maharashtra alleging that with a view to preventing him from smuggling goods, abetting the smuggling of goods and engaged in concealing and keeping smuggled goods, it was necessary to detain the detenu under section 3(1) of COFEPOSA Act, 1974 (52 of 1974). On the same day i.e. on 7th November, 1981 he was served with another order directing him to be detained for one week in Bombay Central Prison and thereafter at Nasik Road Central Prison, Nasik. On the same day he was also served with the grounds of detention.

(3.) The detenus representation to the State Government dated 18-12-1982 was rejected on 2-1-1982 and that to the Central Government was rejected on 24-12-1981. Hence this petition.