ABHIJIT JAYANT PINGLE Vs. STATE OF MAHARASHTRA
LAWS(BOM)-2007-10-43
HIGH COURT OF BOMBAY
Decided on October 01,2007

ABHIJTT JAYANT PINGLE Appellant
VERSUS
STATE OF MAHARASHTRA Respondents


Referred Judgements :-

KHUDIRAM DAS VS. STATE OF WEST BENGAL [REFERRED TO]
VIJAY KUMAR VS. STATE OF JAMMU AND KASHMIR [REFERRED TO]


JUDGEMENT

- (1.)By this petition, the petitioner is challenging the order of detention dated 21st April, 2005 issued by the Principal Secretary (Appeals & Security) to the Government of Maharashtra, Home Department and Detaining Authority, Mantralaya, Mumbai, against the detenu - Sameer Chandrakant Pingle under Section 3(1) of the COFEPOSA Act, and seeks release from detention.
(2.)The brief facts are that on 26.09.2004 the officers of the Air Intelligence Unit, Sahara Airport, Mumbai, intercepted the detenu Sameer Chandrakant Pingle who was proceeding towards the Transit Lounge to board flight No.SQ 411 to Singapore. The officers after intercepting the detenu, interrogated him and recovered foreign currency equivalent to Indian Rs.10,78,562/- and the indian currency of Rs.14,500/-. According to the Customs Authorities, the foreign currency was concealed in the bottom pocket of his half pant. On very next day viz.27.09.2004 the statement of the detenu was recorded wherein he had stated that the foreign currency was purchased by him from one Shri.Vipul who used to visit detenu s shop in Mumbai, and the detenu had further stated that he was carrying the amount to settle his credit with the shop owners in Singapore from whom he had earlier purchased goods like LCD Projectors, Digital Cameras etc. Thereafter the detenu was produced before the holiday Court on 27.9.2004 and was remanded to the police custody. He was then produced before the regular Court on 28.9.2004 and was remanded to jail custoday till 8.10.2004 on which day he was granted bail and on the same day he had availed the same. Thereafter, on 21.3.2005 a show cause notice was issued to the detenu under Section 124 of the Customs Act, and thereafter on 21.4.2005 the Detaining Authority had issued Detention Order under Section 3(1) of the COFEPOSA Act against the detenu, though they were aware that the detenu was involved in the above incident and that he was also granted bail. The said detention order was finally served on the detenu on 18.01.2007 when he was in a judicial custody in some other case.
(3.)Mr.Maqsood Khan, the learned Counsel for the detenu aurgued only one ground though various grounds are raised in the petition. The only ground raised by the learned Counsel for the detenu is set out as ground No.(x), which reads as under:
(x) "The Petitioner says and submits that the detenu is submitting the Representation to the Detaining Authority and the State Government, thorugh the Prison authorities and on Rule-Nisa being issued by this Honourable Court, it shall be incumbent on the part of the above two authorities to satisfy this Honourable Court that the Representations made by the Detenu were considered by them strictly in accordance with law and most expeditiously. The Petitioner says and submits that in the event of the failure on the part of the above authorities to so satisfy this Honourable Court, the continued detention of the Detenu be held to be illegal, null and void."



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