Mohammed Nisar P. v. The State Of Maharashtra And ORS

WP1930.15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1930 OF 2015 Mohammed Nisar P.

... Petitioner Vs

1. The State of Maharashtra & Ors.

... Respondents Mrs. Aisha M.I. Ansari with Mrs. Nasreen Ayubi for the Petitioner. Mr. Jayesh P. Yagnik, APP, for the Respondent-State. CORAM : S.C. DHARMADHIKARI & G.S. KULKARNI, JJ.

THURSDAY, 02ND JULY, 2015 P.C. :

1.

The petitioner is the son of the detenu Zianuddin Mohammed. The detenu was detained under the COFEPOSA Act, 1974. However, his detention was not confirmed by the Advisory Board and, therefore, the State has directed the Nashik Road Central Prison, where the petitioner has been detained, to release him meaning thereby the detention of the petitioner in that prison under the above enactment has come to an end. In the light of the communication from the SRP 1/2

WP1930.15.doc Department of Home to the Superintendent of the Nashik Road Central Prison and the compliance reported by that prison, the detenue has been released. This fact is confirmed by both advocates appearing before us.

2.

In view thereof, this petition challenging the preventive detention under the COFEPOSA Act has become infructuous. It is disposed of accordingly. A copy of the fax message from the Nashik Road Central Prison to the Desk Officer, Department of Home, Government of Maharashtra is taken on record and marked "X" for identification.

G.S. KULKARNI, J.

S.C. DHARMADHIKARI , J.

SRP 2/2