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1980 Supreme(SC) 93

A.D.KOSHAL, P.S.KAILASAM, S.MURTAZA FAZAL ALI
Ramghandra A. Kamat – Appellant
Versus
Union Of India – Respondent


Advocates:
A.V.RANGAM, Harjinder Singh, M.N.Lodha, M.N.SHROFF, RAM JETHMALANI, U.R.Lalit

JUDGMENT

KAILASAM, J.:— The petitioner Ramchandra A. Kamat has preferred this petition under Art. 32 of the Constitution of India praying for the issue of writ of Habeas Corpus directing his release by quashing the order of his detention dated 31-8-1979 passed by second respondent, Additional Secretary to the Government of India, Ministry of Finance.

2. The petitioner was detained by an order dated 31st August, 1979 under Section 3 (1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. In pursuance of the order, the petitioner was arrested on 5-9-1979. He was served with the grounds of detention on the same day. The petitioner through his advocate by a letter dated 7-9-1979 wrote to the second respondent stating that it was found that the detaining authority relied upon a number of statements of various persons including the detenu as well as documents referred to in the grounds, but the detenu was not furnished with the copies of the same. The Advocate stated that the detenu desires to make a representation against the order of detention but found that without the copies of documents referred to in grounds of detention order it is not possible













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