MAYA AJIT SATAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned Assistant Public Prosecutor. The petitioner is the wife of the detenu under the provisions of Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as "the said Act"). An order of detention has been passed by the detaining authority on 15th October 2005 which has been executed on 20th March 2008 and from 20th March 2008 the detenu is detained in terms of the order of detention.

(2.) THE order of detention has been challenged by the petitioner on various grounds including the ground of delay in issuing the detention order. It is also contended by the counsel for the petitioner that there was delay in execution. Learned counsel for the petitioner submitted that the order of detention also cannot sustain as it was a case of non application of mind since the detaining authority did not give any opinion about retraction of the alleged confession made by the detenu under the provisions of Customs Act.

(3.) AFTER getting requisite information she also received a representation of the detenu which was in the nature of pre-detention representation. She rejected it on 11th July 2005 with remark "Representation may be rejected. But the amount is small, please scrutinize orders and submit for final orders." It appears that the detaining authority was not convinced with the proposal for detention as, according to her, the amount involved was small. But her office reverted back on 20th July 2005 with the remark that the detaining authority had already given orders on 18th July 2005 with respect to detention of one Mr.Shambhai Aamlani who was a co-accused with the present detenu.