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1992 Supreme(Guj) 24

SHARAD D.DAVE, K.J.VAIDYA
Lallubhai Jogibhai – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared: B.B.NAIK, D.K.TRIVEDI, J.A.SHELAT, R.P.BHATT, S.H.SANJANWALA

VAIDYA, J.

( 1 ) THE petitioners herein who came to be preventively detained pursuant to the various orders of detention under S. 3 (2) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (For short-COFEPOSA) as briefly indicated in the table appended below and on the basis of which only some proceedings against them by way of various notices under S. 6 of Smugglers and Foreign Exchange Manipulators (Forfeiture of Properties) Act, 1976 (for short-SAFEMA) came to be initiated, have by way of group of these 7 writ petitions challenged the same under Articles 14, 19, 21, 22 and 226 of the Constitution of India, inter alia praying for two reliefs by way of issuance of the writ of certiorari quashing and setting aside (i) the order of detention passed under COFEPOSA; and (ii) the impugned notices issued against them.

( 2 ) THE relevant particulars regarding each of the petitions having a bearing on the decision of the case are set out and indexed in a chart tabulated as under:

( 3 ) MR. S. H. Sanjanwala, the learned advocate appearing for the petitioners while challenging the legality and validity of impugned notices under section 6 of the SAFEMA, has






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