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1990 Supreme(Guj) 23

J.U.MEHTA, G.T.NANAVATI
PRAFUL KESHAVJI THAKKAR – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared: KIRAN JANI, SHARAD D.SHAH, V.S.MANKAD

G. T. NANAVATI, J. U. MEHTA, J.

( 1 ) THE petitioner has come before this Court challenging the order of detention dated 18-2-1989 under the provisions of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act 1974 passed against his by the Additional Chief Secretary to Government Home Department Gandhinagar The petitioner has also challenged the order dated 9-3-1989 issued under Sec. 9 (1) of the COFEPOSA Act by Shri B. V. Kumar Additional Secretory to the Government of India Ministry of Finance Department of Revenue specially empowered in this behind the Central Government.

( 2 ) FROM the allegations made in the grounds of detention it reveals that on 10-1-1989 the detenu was apprehended along with other while the smuggled gold was being transported in truest bearing No. GQC 7280.

( 3 ) THE learned Advocate appearing for the petitioner submitted that in the grounds of detention it is mentioned that it the detenu wished to avail his right to male representation he may submit his representation through the Jail authority. In the manner landlord therein. It is stated in the grounds of detention that there protection meant for the detaining authority will be a






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