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1980 Supreme(SC) 399

P.N.BHAGWATI, E.S.VENKATARAMIAH
Icchu Devi Choraria – Appellant
Versus
Union Of India – Respondent


Advocates:
A.Subhashini, Harjinder Singh, M.M.Lodha, R.N.Poddar, RAM JETHMALANI, SHOBHA DIXIT, V.S.DESAI

JUDGMENT

BHAGWATI, J.:—This petition for a writ of habeas corpus challenges the continued detention of one Mahendra Chordia under sub-section (1) of Sec. 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as COFEPOSA Act).

2. On 4th June, 1980 an order of detention dated 27th May, 1980 was served on Mahendra Chordia (hereinafter referred to as the detenu) and he was taken under detention. The order of detention recited that the Governor of Maharashtra was satisfied with respect to the detenu that, with a view to preventing him from smuggling goods and abetting the smuggling of goods, it was necessary to make an order directing him to be detained and by the order of detention the Governor of Maharashtra in exercise of the powers conferred under sub-section (1) of Sec. 3 of the COFEPOSA Act read with the Order of the President of India in the notification of the Government of India dated 17th February, 1980 directed that the detenu be detained under that Act, Simultaneously with the order of detention, another order dated 27th May was also issued by the Governer of Maharashtra directing that the detenu be detained in the


















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