P.N.BHAGWATI, V.BALAKRISHNA ERADI
Masuma – Appellant
Versus
State Of Maharashtra – Respondent
P.N.BHAGWATI, J.
(1) THIS is a petition for a writ of habeas corpus for securing the release of one Hasnain Mukhtar Hussain Lakdawala (hereinafter referred to as the detenu) who has been detained by the government of Maharashtra under an order of detention dated 31/12/1980 made in exercise of the powers conferred under S. 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as the COFEPOSA Act). This order of detention though dated 31/12/1980 was served on the detenu on 17/01/1981 and along with the order of detention, a communication, also dated 31/12/1980, was served on the detenu containing the grounds of detention. The government of Maharashtra also served on the detenu at the same time a letter dated 7/01/1981 enclosing copies of the documents relied upon in the grounds of detention. It appears that on 6/02/1981 the advocate of the detenu addressed a letter to the Superintendent, Bombay central Prison where the detenu was then confined and along with this letter he forwarded nine copies of the representation which was to be submitted by the detenu to the Government of Maharashtra against the o
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