Judgment

Sarkaria, J.

( 1 ) -THIS is a writ petition filed by one Sabir Ahmed to challenge the detention of his brother, Dawood Hasan Sheikh Ibrahim, under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as the COFEPOSA ).

( 2 ) THE detenu was in the custody of the Customs when on 8/09/1979, he was produced before the Metropolitan Magistrate, Esplanade court, Bombay and was remanded to judicial custody and later on granted bail by the Sessions Judge by an Order, dated 28/09/1979.

( 3 ) ON 2/10/1979, an order of detention passed under S. 3 (1) of COFEPOSA by Shri Pradhan, the secretary to Maharashtra government in the Home Department, was served on him. The grounds of detention were also served on him on the same date.

( 4 ) ON 14/11/1979, the detenu made a representation to the detaining authority, in which he inter alia asked for supply of the copiesof documents and statements relied upon in the grounds of detention. The representation of the detenu was not dealt with by Shri Pradhan, but by the Minister of State in the Home Ministry of the State government, and was rejected on 10/12/1979. The Minister is said to have b