A criminal writ petition filed by the wife of a detained individual challenging an order of detention under Article 226, 21, and 22 of the Constitution was dismissed by relying on the reasoning in a connected Writ Petition No.2734 of 2005.
Rule stands discharged; the detention order is maintained.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2857 OF 2005
Smt.Leena Mahendra Sejpal, Age-38, an Indian Inhabitant, residing at 29, 3rd floor, Uday Niwas No.1, Pandurangwadi, ..Petitioner Manpada Road, Dombivli (East). (Wife of Detenu)
VERSUS
Mr.Maqsood Khan for the Petitioner. Mr.S.R.Borulkar, A.P.P. with Mr.D.S.Mhaispurkar,A.P.P. for the Respondent-State.
CORAM :- B.H.MARLAPALLE & NARESH H.PATIL , JJ. DATE : 3rd OCTOBER, 2006
P.C. 1. This Petition filed under Article 226 read with Article 21 and 22 of the Constitution of India impugns the order of detention dated 15th October,2005
passed against Mr.Mahendra Dariyalal Sejpal and the Petition has been filed by his wife.
| of | 2005 and the |
:2: detention orders impugned in |
bot | h the |
|---|---|---|---|---|
| Petitions | have been |
passed almost on the |
same | or |
| similar | grounds. |
By our reasoned order t |
he | Writ |
| Petition | No.2734 of |
2005 has been dismissed |
by | us |
| today. | The Pe |
titioner’s statement under section |
108 | |
| of | the Customs |
Act,1962 was recorded on |
16th | |
| December,2 | 004 and in |
the same, he has stated t |
hat | he |
| is | Proprietor of |
M/s.Deep Shipping and this |
Company | |
| started | in the year |
2000 was engaged in the |
business | |
| of | freight bookin |
g and custom clearances main |
ly | for |
| Spices | Export and |
he had four employees |
by | name |
| Santosh | Waskar, Ani |
l Matkar, Piyush Joshi and |
Vishal | |
| Kataria | to attend |
the said Company of freig |
ht | booking |
| and ex |
port clearances |
etc. From this statement |
it | was |
| also | clear that he |
was very much associated |
as | the |
| Proprietor | of the |
said Company with the |
subject | |
| consignment | of the |
exports of Betel Nut Po |
wder | by |
| M/s.CMA | Overseas, | covered in Writ Petition N |
o.273 | 4 of |
2005 and was associated equally with the Petitioner in
the said Petition.
Petition also fails and the same is hereby dismissed.
Rule stands discharged.
(NARESH H.PATIL,J.) (B . H.MARLAPALLE,J.)
3 provisions across 1 enactments
Smt. Leena Mahendra Sejpal
The State of Maharashtra
Smt. Neela Satyanarayana
Superintendent of Prison, Mumbai Central
Superintendent of Prison, Nashik Road Central
NARESH H.PATIL
B.H.MARLAPALLE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
