Mumbai Court February 1977 Judgments

J.M. JaIn Vs. Ghamandiram K. Gowani

Court: Mumbai

Reported in: (1979)81BOMLR64

Shah, J.1. This petition under Article 227 of the Constitution raises a question as to whether a Magistrate can pass, an order directing ;the accused to be taken into custody on his bail-bond being cancelled having regard to the fact that he is already in detention pursuant to an order passed under Sub-section (1) of Section 3 by the competent authority under the provisions of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for brevity's sake called 'COFEPOSA').2. The facts which have given rises to this petition are not in dispute. The petitioner who is the Assistant Collector of Customs, Preventive Department, Bombay, filed a complaint in the Court of the Chief Metropolitan Magistrate, Bombay, charging respondent No. 1 and some others with the offence of conspiracy to smuggle 10,054 foreign wrist watches of the value of Rs. 9,51,090, which were seized on April 9, 1969 from a room in Fernandez Building,, Dr. Deshmukh Lane, off V. P. Road Bombay, ...