LALLUBHAI JOGIBHAI PATEL Vs. UNION OF INDIA

JUDGEMENT

(1.) By our order dated October 3, 1980, we had allowed this writ petition for the issue of a writ of Habeas Corpus and directed the release of the detenu. We are now giving the reasons in support of that order.

(2.) On January 30, 1980, the petitioner, Lallubhai Jogibhai Patel was served with an order of detention, dated January 30, 1980, passed by Shri P. M. Shah, Deputy Secretary to the Government of Gujarat (Home Department) under Section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short, the COFEPOSA).

(3.) The grounds of detention were also, served on him on the same day. The petitioner challenged the order of his detention by Writ Petition No. 449 of 1980 in this Court. That petition was dismissed by this Court by an order dated May 9, 1980, but the reasons for that order were announced later on August 4, 1980. After the dismissal of his petition, he on July 21, 1980, filed additional grounds. He was on July 30, 1980, informed that he may, if so advised, file a fresh petition on those additional grounds. That is how this subsequent petition came to be filed on additional grounds which were not urged in the previous Writ Petition No. 449 of 1980.