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1980 Supreme(SC) 462

O.CHHINNAPPA REDDY, R.S.SARKARIA
Shalini Soni – Appellant
Versus
Union Of India – Respondent


Advocates:
A.K.SEN GUPTA, A.Subhashini, Harjinder Singh, M.M.ABDUL KHADER, M.M.Lodha, T.V.S.N.Chari

Judgment

CHINNAPPA REDDY. J.:- By our orders dated October 7, 1980, we directed the release of the three detenus whose detention under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, was challenged in these three writ petitions. We now proceed to state our reasons.

2. Rajesh Soni, the detenu in Criminal Writ Petition No. 4344 of 1980 was arrested on June 27, 1980. The order of detention as well as the grounds of detention were served on him on the same day. On July 27, 1980, his Advocate addressed a communication to the Administrator, Delhi Administration, Delhi, alleging that the grounds were vague, irrelevant and non-existent, that his client was unable to make any representation as he had not been given copies of the statements, documents and materials relied upon by the detaining authority in arriving at the satisfaction that Rajesh Soni should be detained, that in view of the time limit prescribed by Sec. 3 (3) of the COFEPOSA and in view of Art. 22 (5) of the Constitution the continued detention of his client was illegal and that he was entitled to be release forthwith. Reference was made to a judgment of the Gujarat High Court where it ha


















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