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1985 Supreme(Bom) 330

R.A.JAHAGIRDAR, S.M.DAUD
Abdul Rehman – Appellant
Versus
Union of India – Respondent


Advocates appeared:
M.G. Karmali with S.S. Parkar, for Petitioner; R.M. Agarwal with K.C. Sidnwa, (for Nos.1 and 2) J.A. Barday and Public Prosecutor (for Nos.3 and 4), for Respondents.

Judgement

R.A. JAHAG1RDAR, J.:- This petition under Art. 226 of the Constitution for the issue of a writ of habeas corpus has been filed on behalf of one Shamshuddin Mohomed Saleh (hereinafter referred to as "the detenu"). He has been detained by an order passed by the Joint Secretary, Government of India, Ministry of Finance, on 1st Aug. 1985 under S. 3(1) or the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (hereinafter referred to as the "COFEPOSA Act"). Along with the order of detention he was supplied with the grounds of detention and copies of the documents which were considered and relied upon by the Detaining Authority. The list of these documents was attached to the grounds of detention.

2. Before proceeding to consider the challenge made by the detenu to the order of detention, it will be useful to note briefly the facts leading to the detention. They are to be gathered from the grounds of detention dt. 1st Aug. 1985. It has been mentioned therein that on 29th June 1985 officers of the Directorate of Revenue Intelligence, Bombay, searched the business premises of Messrs Tip Top Agencies and Exports situated in Ebrahim Manor Building on S. V. P.










































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