The High Court disposed of the writ petition challenging a detention order under COFEPOSA. The court noted that the Detaining Authority had revoked the detention order, rendering the challenge moot.
The writ petition is disposed of as the impugned detention order was revoked; nothing remains in the matter.
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.
21 - WP. 2911-18
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 :
“The Detention Order bearing No. PSA-2018/CR-96/
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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
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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.”
Sd/Sd/- [SARANG V. KOTWAL, J.] [INDRAJIT MAHANTY, J.]
Vinayak Halemath
2 issues framed by the court
Whether the writ petition challenging the detention order requires adjudication when the detention has already been revoked by the authorities.
Whether the impugned detention order remains in force after its revocation by the Detaining Authority.
3 provisions across 2 enactments
Kirit Sujit Satam
The State of Maharashtra
Indrajit Mahanty
Sarang V. Kotwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
