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1983 Supreme(Bom) 318

KURDUKAR KHATRI
Zohrabi – Appellant
Versus
Addl. Secretary – Respondent


JUDGMENT

Kurdukar, J. - By a detention order passed on February 16, 1983, under section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 -hereinafter referred to as the COFEPOSA, the detenu Shri Shaikh Hussain is detained by the 1st respondent, the detaining Authority, with a view to preventing him from smuggling goods. The detention order was served on the detenu on February 25, 1983. The grounds of detention were formulated simultaneously with the order of detention and they were also served upon the detenu. The grounds of detention are annexed to this petition as Annexure 'C'. By this petition under Article 226 of the Constitution of India, Smt. Zhorabi Shaikh Hussein, wife of the detenu Shaikh Hussein, seeks to challenge the legality and correctness of the detention order.

2. A brief reference to the grounds of detention would be necessary to order to appreciate the rival contentions raised by the learned counsels appearing for the parties before us: It is common ground that the detenu on the date of the incident i.e. 12th of October 1982, was working as Air Customs Officer at International Sahar Airport, Bombay. He was in charge of ar




















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