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2003 Supreme(SC) 479

N.S.HEGDE, B.P.SINGH
Abdul Razak Dawood Dhanani – Appellant
Versus
Union Of India – Respondent


JUDGMENT

B.P. Singh, J.-This appeal by special leave is directed against the judgment and order of the High Court of Judicature at Bombay dated 24th July, 2002 in Criminal Writ Petition No. 464 of 2002 dismissing the writ petition filed on behalf of the detenu Mohd. Yusuf Razak Dhanani by his father Shri Abdul Razak Dawood Dhanani appellant herein, challenging his detention under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as COFEPOSA ).

2. It is not in dispute that the order of detention dated 20th February, 2002 was passed by the Joint Secretary to the Government of India, who was specially empowered under Section 3(1) of the COFEPOSA in this behalf. The order of detention as well as the grounds of detention were served on the detenu on 26th February, 2002. The detenu on 12th April, 2002 submitted a representation to the detaining authority, the Secretary to the Government of India, Ministry of Finance as also to the Chairman of the COFEPOSA Central Advisory Board. In the said representation various grounds were raised challenging the order of detention and praying that the order of detention be revoked as there wa
















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