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1978 Supreme(Guj) 117

A.D.DESAI, A.M.AHMADI
CHATURBHAI BECHARBHAI PATEL – Appellant
Versus
STATE – Respondent


Advocates Appeared: G.K.SUKHVANI, G.T.NANAVATI, JAYSHRI C.BHATT, S.H.SANJANWALA

A. D. DESAI, A. M. AHMADI, J.

( 1 ) THREE brothers Kantilal Bechardas Patel Ishwarlal Bechardas Patel and Ambalal Bechardas Patel all partners of a firm of Angadias trading in the name of Angadia Patel Ishwarlal Bechardas and Co. have been detained under three separate detention orders all of 5th May 1978 by the Additional Chief Secretary in the Home Department of the Government of Gujarat in exercise of powers conferred by sub- sec. (1) of sec. 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act 1974 (COFEPOSA) with a view to preventing them from engaging in transporting smuggled goods. The fourth brother Chaturbhai Becharbhai Patel has filed these three Habeas Corpus writ petitions challenging the orders of detention-Ann. A to each petition on the ground that the detention order in respect of the three detenus is illegal mala fide and not warranted in law and for a consequential direction to the respondents to forthwith set the detenus at liberty. As. common questions of law and fact arise in all these three writ petitions. we propose to dispose them of by this common judgment.

( 2 ) THE grounds for detention-Ann. C to each petition also dated * *
















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