MUKESH TIKAJI BORA Vs. UNION OF INDIA

JUDGEMENT

(1.) Leave granted.

(2.) Challenge in this appeal is to the judgment rendered by a Division Bench of the Bombay High Court dismissing the Habeas Corpus Petition filed by the appellant. In the writ petition challenge was to the order of detention dated 27th August, 1998 passed under Section 3(1) of the Conservation of Foreign Exchange & Prevention of Smuggling Activities Act, 1974 (in short the COFEPOSA) in respect of one Bherchand Tikaji Bora alias Bharat alias Bhermal alias Dimple alias Dhayabhai (hereinafter referred to as the detenu).

(3.) The appellant had filed the writ petition challenging the detention of his brother-Bherchand Tikaji Bora the detenu. Though several grounds were urged in support of the writ petition at the time of hearing only two grounds were urged. Firstly (a) with reference to the facts given in grounds of challenge 1(a) to 1(f) it was argued that when the detenu was exonerated fully in the adjudicating proceeding, then there was no necessity of passing any detention order and (b) this aspect of exoneration of the detenu in the adjudicating proceedings should have been taken note of by the detaining authority.