Kirti Sujit Satam v. The State Of Maharashtra And ORS.

VPH

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION No. 2911 OF 2018 Kirit Sujit Satam ...

Petitioner Vs.

The State of Maharashtra & Ors.

...

Respondents *** None for the Petitioner.

Mrs. M. H. Mhatre, APP for Respondent - State. *** CORAM : INDRAJIT MAHANTY, & SARANG V. KOTWAL, JJ.

DATE : JANUARY 10, 2019 PC :

1.

None appears for the Petitioner at the time of call. By this petition, the Petitioner challenges the order of detention dated 8th June, 2018 passed under S. 3(1) of the COFEPOSA Act, 1974. The learned APP, Mrs. Mhatre tendered before this Court a communication dated 31st June, 2018, issued by the Under Secretary to Government of Maharashtra, Home Department, together with the order dated 31.7.2018 passed by the Additional Chief Secretary (Appeals and Security) Home Department, Government of Maharashtra, and Detaining Authority. The said communication reads as under:

"The Detention Order bearing No. PSA-2018/CR-96/

SPL-3(A) dated the 08.06.2018 has been issued by the Additional Chief Secretary (Appeals and Security) and the Detaining Authority to the Government of Maharashtra, Home Department, under section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (52 of 1974) for detention of Shri Sujit Bapu Satam.

The Detaining Authority has found no further sufficient cause to detain Shri Sujit Bapu Satam and hence directed to revoke the Detention Order No. PSA-2018/CR-96/SPL-3(A) dated the 08.06.2018 against Shri Sujit Bapu Satam. Copy of the said Revocation Order is enclosed herewith for further necessary action."

The revocation of detention order dated 31.7.2018 passed by the Additional Chief Secretary (Appeals and Security), Home Department, Government of Maharashtra, and Detaining Authority, reads as under:

"Whereas, an order No. PSA-2018/CR-96/SPL-3(A) dated the 08.06.2018 has been passed by the Additional Chief Secretary (Appeals and Security) and the Detaining Authority to the Government of Maharashtra, Home Department, under section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (52 of 1974) for detention of Shri Sujit Bapu

Satam.

Whereas considering the facts of the case I find that there is no further sufficient cause to detain Shri Sujit Baput Satam.

Now, therefore, in exercise of the powers conferred by Section 21 of the General Clauses Act and Section 11 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, I hereby revoke the aforesaid Detention Order No. PSA-2018/CR-96/SPL-3(A) dated 08.06.2018 passed by me against Shri Sujit Bapu Satam under the COFEPOSA Act, 1974."

2.

The copy of order of revocation of detention order is taken on record and marked "X". In view of above, since the impugned order of detention is revoked, nothing remains in the present petition. Hence, the writ petition is disposed of as such. Sd/- Sd/- [SARANG V. KOTWAL, J.] [INDRAJIT MAHANTY, J.] Vinayak Halemath