BANDU SHIVAJI MORE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present Petitions under Article 226 of the Constitution of India have been preferred by the Petitioners, challenging the separate orders dated 4th February, 2015 passed by the Respondent No.2 in exercise of powers under Section 3(1) of the Conservation Of Foreign Exchange and Prevention Of Smuggling Activities Act, 1974 ('COFEPOSA Act' for short). All the three impugned orders are the orders of preventive detention against the detenues therein. Writ Petition No.1048 of 2015 has been preferred by the brother of detenu Ramdas Shivaji More. Writ Petition No.1049 of 2015 has been preferred by the cousin brother of detenu Pandurang Ramchandra Jadhav @ Popat Jadhav. Writ Petition No.1050 of 2015 has been preferred by the cousin brother of detenu Sagar Vishnu Suryavanshi. The detention orders dated 4th February, 2015 passed in exercise of powers conferred by Section 3(1) of the COFEPOSA Act which are the subject matter in Writ Petition No.1048 of 2015 and Writ Petition No.1050 of 2015 have been passed with a view to prevent the detenues therein, in future from engaging in transporting of smuggled goods. The impugned order dated 4th February, 2015 in Writ Petition No.1049 of 2015 has been passed in exercise of powers conferred by Section 3(1) of the COFEPOSA Act by the Respondent No.2, the Detaining Authority with a view to prevent him in future from smuggling of goods. All the aforesaid three orders of preventive detention passed under the CAFEPOSA Act have been served upon the respective detenues along with the grounds of detention on 5th February, 2015 and the detenues have been detained in Nashik Road Central Prison.

(2.) Shorn of unnecessary details the brief facts leading to the passing of the impugned detention orders dated 4th February, 2015 by the Respondent No.2, which can be gathered from the grounds of detention, can briefly be stated thus :-

(3.) It is thus clear that all the detenues in the aforesaid three Writ Petitions are the members of the same syndicate and therefore, the Sponsoring Authority moved the proposal of the said three detenues with the Detaining Authority for preventively detaining them from indulging into the said activities mentioned herein.