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1982 Supreme(Bom) 260

DHARMADHIKARI, PURANIK
Mukesh Sunderlal Shah – Appellant
Versus
The State of Maharashtra and another – Respondent


Advocates appeared:
M.V. Paranjpe i/b Purohit and Co. for Petitioner; M.R. Kotwal, Public Prosecutor, for the State.

Judgement

DHARMADHIKARI, J. :- Detenu Sunderlal shah is detained under the order of detention dated 6th of July 1981 Passed under COFEPOSA Act. This order of detention is challenged before us on various grounds. One of the grounds raised in the petition is that the order is vitiated because of non-application of mind. It is contended by Shri Paranjape, learned counsel for the petitioner that though a reference is made to the statements of as many as 10 persons in para 10 of the grounds of detention, only three of them have named the detenu. He also contended that though Prafulla Doshi's name is referred to in para 10 of the grounds, the statement of Prafulla Doshi was never recorded. Hence it is contended by Shri Paranjape that these wrong recitals of fact in para 10 clearly indicate non-application of mind on the part of the detaining authority. In our opinion there is much substance in this contention. The relevant portion of para 10 of the grounds of detention reads as under:-

"A careful perusal of the statements of Smt. Sobhana Doshi, Jonny Mascaharans, Krishna Mehta, John Lucas, Victor Joel, Christo Roberts, Mahendra Umradia, Mohammad Shaikh, Mansuk Mistry and Ashok Parushuram K







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