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RANGANATH MISRA, R.S.PATHAK
Asha Keshavrao Bhosale – Appellant
Versus
Union of India – Respondent


JUDGMENT

Ranganath Misra, J. The petitioner, the wife of a detenu under the Conservation of Foreign Exchange and Prevention of smuggling Activities Act, 1974 ('Act' 'for short), in this application under Article 32 of the Constitution assails the order or detention as also the subsequent declaration under section 9 of the Act. The order of detention Annexure 'A' was made by the Government of Maharashtra under section 3(1) of the Act on November 20, 1984. The order directed his detention in the Bombay Central Prison at Bombay for one week from the date of detention and in Nasik Road Central Prison thereafter. On the same day the grounds of detention were also served on the detenu. On December 12, 1984, the Additional Secretary to the Government of India in the Ministry of Finance made the requisite declaration under section 9(1) of the Act, Annexure 'B'.

2. Petitioner, at the instance of the detenu, made a representation to the Chief Minister on November 24, 1984, against the detention and the said representation was received in the office of the Chief Minister on November 28, 1984. This representation was rejected on January 28, 1985, two months after its receipt as alleged by the

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