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1985 Supreme(Guj) 177

B.S.KAPADIA, B.K.MEHTA
ZARIN NOORMAMAD KASAM – Appellant
Versus
STATE – Respondent


Advocates Appeared: C.K.TAKVANI, S.R.DIVETIA

B. K. MEHTA, J.

( 1 ) SINCE the impugned detention arising out of alleged prohibited acticity and the impugned detention orders have been made on the same day and because common questions of law have been raised in these two petitions we intend to dispose of them by this common judgment. The respective petitioners of these petitions are wives of the respective detenu Noormamad Kasam Sanghar and Salemamad Karim Bhagad. By these two petitions the respective petitioners challenged the impugned order of detention dated October 3 1985 passed by the Deputy Secretary to the State Government in the Home Department in exercise of the powers of the State Government under Section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act 1974 (hereinafter referred to as COFEPOSA for short) without specifying the period of detention with a view to preventing them from smuggling goods. The grounds furnished to the respective detenu may be adverted to for the purpose of appreciating the necessity of the dete0ntion.

( 2 ) IT is alleged that on March 31 1985 during the search of the residential premises of Noormamad Kasam Sanghar at Salaya the Police Officers of Khambhali






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