PISHU CHATRUMAL MANIK Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD Shri Karmali for the petitioner and Shri Patil for the respondents.

(2.) THE petitioner Pishu Chatrumal Manik is the brother-in-law of the detenu Jawahar Jethanand Manik. The detenu has been detained under sub-section (1) of Section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short, COFEPOSA Act) with a view to preventing him from smuggling goods. The period of detention is one year. The order of detention - Exhibit-A was issued on June 26, 1996. There is no dispute before us that it was not served till 10th October 1996.

(3.) IN respect of the seizure of 15-02-1996 a show-cause notice was issued to the detenu under section 124 of the Customs Act, 1962 on 1st May 1996 viz. show-cause Notice before confiscation of goods. The detenu gave his reply dated 10th June 1996 which was submitted on 11th June 1996.