LAWS(BOM)-2005-2-79

MOHAN BHOJANIA Vs. STATE OF MAHARASHTRA

Decided On February 23, 2005
MOHAN BHOJANIA Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Heard. PERUSED the records.

(2.) The petitioner challenges the order of detention issued under Section 3 (1) of the conservation of Foreign Exchange and prevention of Smuggling Activities Act, 1974, hereinafter referred to as "cofeposa", against the father-in-law of the petitioner viz. Shri. Subhash Khetaram Choudhary, with a view to preventing him in future from smuggling goods. The challenge to the impugned order is on the ground of non-consideration of the vital documents of the detaining authority before arriving at the subjective satisfaction regarding the need for issuance of detention order against the detenu.

(3.) The detention order was issued on 8th November, 2004 and was served upon the detenu on 5th December, 2004. Prior to the issuance of the said detention order, the detenu had made five representations dated 26th September, 28th September, 12th october, 4th November and 6th November of the year 2004.