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1985 Supreme(SC) 51

A.V.VARADARAJAN, RANGANATH MISRA, S.MURTAZA FAZAL ALI
Ibrahim Bachu Bafan: Mithu Bawa Padhiyar – Appellant
Versus
State Of Gujarat – Respondent


Judgment

RANGANATH MISRA, J. :- In each of these applications under Article 32 of the Constitution the petitioner therein challenges the order of detention made against him under Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (Cofeposa) (referred to as the Act hereinafter). As the facts are more or less the same and common contentions have been advanced, these two applications are being disposed of by a common order.

2. Petitioner in Writ Petition No. 1541/84 was detained with effect from December 28, 1983, pursuant to an order made under Section 3(1) of the Act on December 7, 1983. The detention was assailed before the Gujarat High Court in a writ petition filed on January 22, 1984. While the said application was being heard, the order of detention was revoked on April 5, 1984, but on the same day another order under S. 3(1) of the Act was made directing his detention and he was detained pursuant to that order with effect from the very day. The second order of detention was challenged by a new writ petition before the High Court. A Division Bench of that Court by order dated August 8, 1984, quashed the same by holding that the order of detention wa












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