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1984 Supreme(Guj) 42

B.K.MEHTA, B.S.KAPADIA
Ratilal Devabhai Navik – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared: C.Ravichandra, K.S.NANAVATI, M.A.TRIVEDI

B. K. MEHTA, J.

( 1 ) WHETHER successive applications for a writ of Habeas Corpus on the same and/or fresh grounds can be filed before the High Court is a moot question which arises in this criminal application. In order to appreciate the contentions which have been urged on behalf of the petitioner-detenu, it is necessary to briefly set out a few facts which are as under : the petitioner has been detained by the order of the State Government dated Mar. 18, 1983 in exercise of the powers conferred by section 3 (1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as "the COFEPOSA" ). The petitioner was supplied with the grounds on which the detention order has been made, on the same day in Gujarati as well as in English. It appears that the wife of the petitioner Smt. Manjulaben Ratilal had moved this Court for appropriate writ, order and/or direction, and particularly a writ of or a writ in the nature of Habeas Corpus by her Spl. Criminal Appln. No. 547 of 1983 impugning the detention order. The said Special Criminal Application came up for hearing before a Division Bench of this Court (Coram : A. M. Ahmadi and M. B.






























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