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1975 Supreme(Guj) 38

T.U.MEHTA, A.D.DESAI
MANJULABEN W/o. RATILAL DAVE – Appellant
Versus
C. T. A. PILLAY – Respondent


Advocates Appeared: JETHAMALANI RAM, K.G.VAKHARIA

A. D. DESAI, T. U. MEHTA, J.

( 1 ) ). In these two petitions what is challenged are the two orders of detention of the two detenus who are detained at the Central Jail Jaipur under the orders of detention passed under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act 1974 (hereinafter referred to as the impugned Act ). There is no dispute that both the detenus were at first detained at Baroda under the orders of detention passed under the provisions of the Maintenance of internal Security Act 1971 as amended by the Maintenance of Internal Security (Amendment) Ordinance 1974 The detenus were first lodged in the Baroda Prison but later removed to the Central Jail at Jaipur where fresh orders of detention under the impugned Act were served on there. In these writ petitions the petitioners who are the relatives of the detenus seek to challenge constitutionality and legal validity of the impugned Act and the orders of detention dated September 19 1974 the continuance of emergency declared by the President on December 3 1971 under Article 36 of the Constitution of India and the Presidential Order dated December 25 1974 The facts averred in the Petitions discl










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