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1980 Supreme(SC) 403

R.S.SARKARIA, P.S.KAILASAM
Suryakant S/o Vasantlal D. Minawala, Bombay – Appellant
Versus
State Of Maharashtra – Respondent


JUDGMENT

SARKARIA, J. :— This is a petition under Article 32 of the Constitution for the issuance of a writ of habeas corpus.

2. Vasantlal D. Minawala (hereinafter referred to as the detenu) resides in Bombay, and carries on business as a gold dealer in partnership in the name and style of "Jewellers Danabhai Minawala" at 212/58, Naveri Bazar, Bombay-2.

3. On December 24, 1979, an order, dated December 18, 1979 issued under Section 3 (1) of the COFEPOSA, by Shri S. D. Deshpande, the Deputy Secretary, Government of Maharashtra, Home Department (Special), expressed in the name of the Governor, was served on the detenu. On the same date, the grounds of detention were served on the detenu.

4. On January 9, 1980, on behalf on the detenu his Advocate addressed a letter to the Deputy Secretary, Government of Maharashtra, Home Department (Special), copies of which for immediate action were endorsed to (1) the Chief Minister, Government of Maharashtra, Bombay; (2) the Collector of Customes; and (3) the Assistant Collector of Customs (R and I), COFEPOSA Cell, Bombay. In this letter, the Advocate requested addressees to be furnished with copies of all the material documents and statements referr















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