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1982 Supreme(Bom) 39

P.B.SAWANT, S.P.KARDUKAR
Mohd. HussaIn Ansari – Appellant
Versus
Secretary, Govt. Of Maharashtra, Home Department, Mantralaya, Bombay and others – Respondent


Judgment

Sawant J.-By this habeas corpus petition filed under Article 226 of the Constitution, the petitioner has challenged his detention under order dated 5-10-1981 issued by the Slate Government in exercise of the powers under sub-section (1) of section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as the Act)

2. Shri Merchant, the learned counsel for the petitioner has raised the following four contentions in support of the said challenge viz. (1) that the detaining authority has taken into consideration extraneous and irrele-vant material lor coming to the conclusion that the petitioner had indulged, and was indulging, in smuggling of goods as stated in the grounds supporting the detention; (2) that the petitioner was not supplied with the relevant documents to enable him to make an effective representation against the detention order and thus was deprived of an opportunity to make such representation; (3) that the detaining authority had not communicated to the petitioner at the time of service of the detention order upon him, of his right to make a representation as well as of the right to be heard before th

























































































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