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1997 Supreme(Bom) 483

A.V.SAVANT, S.RADHAKRISHNAN
Deepesh Mahesh Zaveri – Appellant
Versus
Union of India and others – Respondent


JUDGMENT

A.V. SAVANT, J.:---Heard all the learned Counsel; Shri Kotwal for the petitioner, Shri Agrawal for respondents No. 1 2 and Smt. Tahilramani for respondents Nos. 3 4. The question of law which arises for our consideration in this petition under Article 226 of the Constitution is, whether successive petitions can lie to the High Court under Article 226 seeking to challenge an order of preventive detention after the first petition was dismissed on merits and where no fresh ground or evidence has become available after the decision of the first petition and the ground alleged in the second petition was available to the detenu in the first petition ?

2.This is a one page petition under Article 226 of the Constitution filed by the son of the detenu Mahesh Kantilal Zaveri, who was detained under the order dated 5th October 1995 passed by the second respondent - detaining authority. Shri K.L. Verma, Joint Secretary (COFEPOSA) to the Government of India, who was specially empowered under section 3(1) of the Conservation of Foreign Exchange Prevention of Smuggling Activities Act, 1974 (for short, the COFEPOSA). The order has been passed since the detaining authority was satisfie










































































































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