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2000 Supreme(Bom) 929

G.D.PATIL, A.M.KHANWILKAR
Naseem Imran Mohammed Siddik (Smt. ) – Appellant
Versus
State of Maharashtra & others – Respondent


JUDGMENT - A.M. KHANWILKAR, J.:---By this writ petition, the petitioner-wife of one Imran Mohammed Siddik @ Samad Abdul Kassam Chapra (hereinafter referred to as the detenu), has challenged the order passed by Shri G.S. Sandhu, Secretary to the Government of Maharashtra, Home Department (Preventive Detention) Detaining Authority dated 16-9-1997 passed in exercise of powers under section 3(1) of Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (hereinafter referred to as COFEPOSA Act) whereby the abovenamed detenu was ordered to be placed under detention.

2. Although three grounds were pressed at the time of arguments, we would rest our judgment only on one ground, which, in our view, is good enough to quash and set aside the impugned detention order. The impugned detention order has been assailed before us mainly on the following three grounds viz., (i) that there is enormous and unexplained delay in execution of the detention order which has inevitably affected the genuineness of the detention order; (ii) that the detention order suffers from the vice of non application of mind inasmuch as the residential address of the detenu mentioned in the impugned or


































































































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