BHARATI MANOHARLAL AHUJA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This petition takes exception to an order for detention passed against the petitioner on 12th February, 1987 under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, hereinafter referred to as the 'COFEPOSA'.

(2.) On 10th December, 1986 at 4.45 hours the Customs Air Intelligence Officers at Sahar International Airport, Bombay, sent for two ladies at act as panchas. They were introduced to the petitioner whereafter a search of the latter was taken. In the search of her person nothing incriminating was found. The use of a metal detector proved more effective. Gold bars were brought out from the petitioner's rectum and these were attached. Petitioner's statement was recorded and she was arrested. The next day, petitioner was produced before a Metropolitan Magistrate who on a request made on her behalf passed an order which read thus :

(3.) On 12th February, 1987 the detention order impugned in this petition came to be passed. The same, alongwith the grounds, were served upon the detenu on 18th February 1987. Since that date the petitioner is in detention. It may be pointed out here that she availed of bail and was at liberty from 11th December, 1986 until 17th February, 1987. There is no complaint of her not having complied with the condition of daily attendance imposed upon her by the Magistrate.