URMILA SHARAD BHOITE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS petition has been filed by the wife of the detenu challenging the order of detention passed by the Detaining Authority on 9th April, 2008 under the provisions of Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA Act, 1974). The order has been executed on 16.05.2008 and the detenu is lodged in a Jail.

(2.) WE have heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor and perused the file.

(3.) SIMILAR arguments were made in a co-accused case which was decided by the Supreme Court in the case of Deepak Bajaj v. State of Maharashtra in Writ Petition (Criminal) No.77 of 2008 decided on 12.11.2008. This case was decided even without the order of the detention having been executed. The Supreme Court held as follows: