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1980 Supreme(SC) 483

A.D.KOSHAL, S.MURTAZA FAZAL ALI
S. Gurdip Singh – Appellant
Versus
Union Of India – Respondent


Judgment

FAZAL ALI, J. - The petitioner has put forward several grounds of attack against his detention which was directed by an order dated 11-12-1979. passed by the Deputy Secretary, Home Department, Government of Punjab, under Section 3 (1) of Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA). The petitioner claims to have been arrested on 5-5-1980 although according to the counsel for the State the date of his arrest was 13-5-1980. In the view that we take in this case the question as to when the petitioner was arrested is not relevant.

2. The grounds of detention were admittedly served on the petitioner on 13-5-1980 and prayer for making available the copies of the documents forming the material on which the order of detention was based was made by the detenu on 21-8-1980. That prayer was however refused on 12-9-1980 when the petitioner was informed that the copies of the relevant document, could not be supplied. In our opinion, this case is clearly concluded by two recent Division Bench decisions of this Court, namely: Smt. Icchu Devi Choraria v. Union of India in Writ Petn. (Criminal) No. 2030 of 1980 decided on 9-9-1980 (reported in



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