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1983 Supreme(Bom) 354

B.C.GADGIL, S.J.DESHPANDE
Popatlal Amichand Shah – Appellant
Versus
State of Maharashtra and another – Respondent


Advocates appeared:
M.G. Karmali with S.V. Pikale, for Petitioner; M.R. Kotwal, Public Prosecutor, for Respondents.

Judgement

GADGIL, J.:- By this petition the petitioner is challenging the detention order dated 3-4-1975 Ex. A to the petition. This order was issued under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as the "COFEPOSA Act"). Along with the detention order the grounds of detention were also formulated and this can be seen from Ex. C to the petition. In pursuance of this detention order the petitioner was detained and in due course of time he was released in the month of March 1977 on revocation of emergency. It appears that on the basis of this detention order certain proceedings under the Smugglers and Foreign Exchange Manipulates (Forfeiture of Property) Act, 1976 (hereinafter referred to as the "SAFEMA Act") have been initiated. There are certain penal consequences arising out of these SAFEMA proceedings. The petitioner, therefore, filed the present writ petition challenging the detention order as mentioned above.

2. In the petition, a number of grounds have been taken by the petitioner. However, it is not necessary to give the details of all these grounds as the petition can be conveniently decided on one of the gro






















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