SUPRABHA BHUPESH SEN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD the learned Counsel for the petitioner and the learned A. P. P. for the State.

(2.) THE petitioner is detained under COFEPOSA Act by the detention order dated 11-3-2002. In-the grounds of detention, it is stated that the petitioner was intercepted by the Air Intelligence Unit of Customs Department on 1-9-2001 when she was going abroad to Dubai by A. I. 845 flight. After immigration and customs clearance, it was found that the petitioner was carrying an amount of Rs. 5,58,500/- concealed in the cavities made in the sandals worn by her and in the hand baggage. Her statement was recorded under section 108 of Customs Act on the same day and thereafter the order of detention was clamped upon her. The Detention Authority also noted in the aforesaid statement of the petitioner that, on earlier occasion also in the year 1998 she was caught by the Customs Commissionerate for attempting to smuggle Rs. 7 lacs worth Indian currency on the way to Dubai and she was released from the matter as a special case after deduction and adjustment of Rs. 70,000/-towards redemption fine in lieu of confiscation.

(3.) THE detention order was challenged by the petitioner on number of grounds, however, the Counsel for the petitioner restricted himself on one i. e. carrying Indian Currency by the petitioner does not at all affect the conservation or Augmentation of Foreign Exchange. Advocate for the petitioner also contended that when in the aforesaid C. R. the petitioner was granted bail by the Magistrate, the petitioner sought permission of the magistrate to go abroad to Dubai where she was in employment and on permission by the Magistrate she again came back within stipulated period and as soon as she got down at the Sahar Air Port she was clamped and was taken in custody. She also pointed out that the petitioner is also facing trial of this matter on day-to-day basis.