ORDER

1. The respondent Ghamandiram Kewalji Gowani was detained under Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (hereinafter referred to as COFEPOSA) in 1974. The said order of detention was challenged by the son of the detenu Shri Tej Raj before the Bombay High Court and after considering the grounds of detention, the Bombay High Court quashed the detention order by judgment dated 1-11-1974. Sometime in June 1975 during the period of emergency declared under the Constitution, another detention order was passed against the said Ghamandiram. The second detention order was also challenged in the Bombay High Court. By an interim order dated 10-3-1976, the Bombay High Court held that the detenu was entitled to challenge the grounds for detention and the petition presented before the High Court for such challenge was maintainable. On the revocation of the emergency, the detenu was released but the challenge to the detention order, was pursued and ultimately by the judgment and order dated 23-2-1981, the Bombay High Court set aside and quashed the second detention order.

2. The instant appeal arises out of such judgment of the Bombay High Court dated 23-2-