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Bandu Shivaji More & Others v/s The State of Maharashtra Through the Additional Chief Secretary to the Government of Maharashtra, Home Department (Special) & Others

    Criminal Writ Petition Nos. 1048 of 2015, 1049 of 2015 & 1050 of 2015

    Decided On, 14 July 2015

    At, High Court of Judicature at Bombay

    By, THE HONOURABLE MR. JUSTICE S.C. DHARMADHIKARI & THE HONOURABLE MR. JUSTICE A.S. GADKARI

    For the Petitioners: Aisha M.Z. Ansari, Nasreen Ayubi, Advocates. For the Respondents: Jayesh P. Yagnik, A.P.P., R3, A.S. Pai, Spl.P.P., R5, Rebecca Gonsalvez, Advocate.



Judgment Text

A.S. Gadkari, J.

1. The present Petitions under Article 226 of the Constitution of India have been preferred by the Petitioners, challenging the separate orders dated 4th February, 2015 passed by the Respondent No.2 in exercise of powers under Section 3(1) of the Conservation Of Foreign Exchange and Prevention Of Smuggling Activities Act, 1974 ('COFEPOSA Act' for short). All the three impugned orders are the orders of preventive detention against the detenues therein. Writ Petition No.1048 of 2015 has been preferred by the brother of detenu Ramdas Shivaji More. Writ Petition No.1049 of 2015 has been preferred by the cousin brother of detenu Pandurang Ramchandra Jadhav @ Popat Jadhav. Writ Petition No.1050 of 2015 has been preferred by the cousin brother of detenu Sagar Vishnu Suryavanshi. The detention orders dated 4th February, 2015 passed in exercise of powers conferred by Section 3(1) of the COFEPOSA Act which are the subject matter in Writ Petition No.1048 of 2015 a