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2015 Supreme(Del) 834

G.S.SISTANI, SANGITA DHINGRA SEHGAL
Sahidul Islam Mondal – Appellant
Versus
Union of India – Respondent


Advocate Appeared:
For the Petitioner:J.K. Srivastava, Advocate.
For the Respondents:Sanjay Jain, Additional Solicitor General with Neeraj Jain, Shreya Sinha, Advocates.

Judgment

G.S. SISTANI, J.

1. Pleadings in this matter are complete.

2. Rule D.B. With the consent of counsel for the parties, the present petition is set down for final hearing and disposal.

3. Petitioner has filed the present petition under Articles 226 and 227 of the Constitution of India read with Section 482 Cr. P.C. for issuance of a writ in the nature of Habeas Corpus in the matter of detention of the petitioner, who is detained under Order FN.673/17/2014-CUS VIII dated 26.9.2014, passed by the Joint Secretary, Government of India (COFEPOSA), New Delhi.

4. The necessary facts to be noticed for disposal of the writ petition and as detailed in the petition are that the petitioner is stated to be residing at a village which is situated in the interiors of the State of West Bengal. As per the petition, the native language of the petitioner is Bengali. He is educated upto Madhyamik (equivalent to class 10th) in the vernacular Bengali language. He understands and is conversant with Bengali language alone. According to the petition, this fact is known and accepted by the detaining authority























































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