B.N.KIRPAL, J.

(1) LEAVE granted.

(2) AN order of detention dated 29-6-1984 bearing No. 673/137/84- Customs (A) was passed against Sayed Mohammad Arif Bawamiya, the brother of the petitioner under Section 3 of the COFEPOSA Act. Though over 16 years have elapsed, this order has not been served on the proposed detenu because according to the petitioner he left India on 25-5-1976 and has not returned since that day.

(3) A notice under Section 6(1) of the SAFEMA Act was issued on 21-10-1986 to the proposed detenu, the fear of losing the property led the petitioner to filing a writ petition in the High Court seeking to challenge the detention order dated 29-6-1984 issued against his brother.

(4) BY the impugned judgment the High Court applied the ratio of the decision of this Court in the case of Additional Secy. to the Govt. of India v. Alka Subhash Gadia and came to the conclusion that in exercise of his discretion under Article 226 of the Constitution it would not be appropriate to entertain the writ petition inasmuch as the proposed detenu had not surrendered and the detention order had not been served on him.

(5) AGAINST the said jud