SABIR AHMED Vs. UNION OF INDIA

JUDGEMENT

(1.) This is a writ petition filed by one Sabir Ahmed to challenge the detention of his brother, Dawood Hasan Sheikh Ibrahim, under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as the COFEPOSA).

(2.) The detenu was in the custody of the Customs when on September 8, 1979, he was produced before the Metropolitan Magistrate, Esplanade Court, Bombay and was remanded to judicial custody and later on granted bail by the Sessions Judge by an order, dated September 28, 1979.

(3.) On October 2, 1979, an order of detention passed Under Section 3(1) of COFEPOSA by Shri Pradhan, the Secretary to Maharashtra Government in the Home Department, was served on him. The grounds of detention were also served on him on the same date.