ANITA AJAY SHARMA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS petition seeks a writ of Habeas Corpus or other appropriate writ for quashing and setting aside the order of detention bearing No. PSA -1214/CR -36(2)/SPL -3(A), dated 29 -9 -2014 whereby the detenu Ajay Kumar Sharma has been detained under the provisions of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short "COFEPOSA") with a view to prevent him in future for abetting the smuggling of goods, transporting them, concealing or keeping smuggled goods pursuant to the powers under Section 3(1) of COFEPOSA. The petition is filed by the wife of the detenu. The facts leading to passing of the impugned detention order are as follows:

(2.) MEANWHILE , the bail application made by the detenu was rejected by the learned Magistrate on 29 -11 -2013. It appears that DRI applied Sections 467, 468, 471, 472 and 484 of IPC in various remand applications and eventually the detenu was granted bail on 3 -1 -2014 after being in custody for 91 days by virtue of the fact that DRI failed to file complaint during statutory period of 90 days. On 8 -1 -2014 a further statement was recorded under 108 of the Customs Act by the DRI. The show cause notice came to be issued on 13 -1 -2014 and a corrigendum dated 14 -1 -2014 to the said notice was issued to the detenu. On 12 -2 -2014 DRI file a rebuttal to the retraction statement dated 4 -10 -2013 and the impugned detention order came to be passed on 29 -9 -2014. The detention order was executed on 25 -10 -2014. The detenu has been lodged in Central Prison, Nashik since.

(3.) ON this aspect, two affidavits have been filed to oppose the petition. In the affidavit of Shri Veersinha M. Patil, Deputy Secretary, Home Department of the Government of Maharashtra dated 8th January, 2015, he has dealt with aforesaid ground of challenge in paragraph 26. The deponent has stated that the representation made by the detenu dated 24 -11 -2013 was forwarded by Nashik Road Central Prison vide letter of the same date which was received in the office of the Detaining Authority on 26 -11 -2014. Parawise comments of the Sponsoring Authority were called vide letter dated 27 -11 -2014. As comments were not received, a reminder was sent on 4 -12 -2014. It is stated that in between there was holiday on 30 -11 -2014 being Sunday. It is further stated that there were holidays on 7 -12 -2014, 12 -12 -2014 and 13 -12 -2014 on account of Sunday and Second Saturday and Sunday respectively. The parawise comments were received from the Sponsoring Authority on 17 -12 -2014 and based on these comments and the record available with the Detaining Authority a reply was prepared and submitted on 17 -12 -2014 for consideration of and orders of the Detaining Authority. It came to be endorsed by the Deputy Secretary concerned on 18 -12 -2014. The Principal Secretary (Appeals & Security) and the Detaining Authority after due consideration of the representation and the parawise remarks of the Sponsoring Authority rejected the representation on 18 -12 -2014. The rejection was conveyed on 19 -12 -2014 through Nashik Road Central Prison.