MAKRAND ASHOK GHAGRE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) These Habeas Corpus Writ Petitions challenge the 2nd Respondent's detention orders dated 21st February 2013.

(2.) Arising from a common set of facts, the 2nd Respondent issued five detention orders on 21st February 2013. All five are under challenge in separate writ petitions. On 28th June 2013, we decided two of these, Writ Petitions Nos.1288 of 2013 and 1289 of 2013, holding that the detention orders under challenge in those Writ Petitions could not be sustained. The detention orders in the present Writ Petitions are also issued under Sn.3(1) of the of the Conservation of Foreign Exchange & Prevention of Smuggling Activities Act, 1974 ("COFEPOSA"), in relation to alleged smuggling of red sanders/sandalwood out of the Jawaharlal Nehru Port at Nhava Sheva. Order No.PSA 1212/CR-77/SPL-3(A) dated 21st February 2013 in Writ Petition 1844 of 2013; Order No.PSA 1212/CR-77(4)/SPL-3(A) dated 21st February 2013 in Writ Petition 2057 of 2013.

(3.) We have heard Mrs.Ansari and Mrs.Pai, Learned Advocates for the Petitioners and Respondents respectively, at some length, and have carefully considered the contentions raised in the Petition and the Affidavits in Reply. We have also examined the official files in respect of both detention orders, made available to us by Mrs.Pai.