BIPINCHANDRA G CHOCKSHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present Letters Patent Appeal under Clause 15 of the Letters Patent has been preferred by the appellant herein original petitioners of Special Civil Application No.3716 of 1995 challenging the impugned judgment and order dated 27.02.1997 passed in Special Civil Application No.3716 of 1995 which is KARIMABEN K BAGAD vs STATE OF GUJARAT, 1997 2 GLR 1595. by which the learned single Judge has dismissed the said Special Civil Application in which the appellants herein original petitioners challenged the order of detention dated 11.06.1976 (Annexure 'A' to the main petition) passed by the State Government to detain the appellant No.1 herein original petitioner No.1 under the provisions of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 hereinafter referred to as COFEPOSA. and also to quash and set aside the declaration dated 11.06.1976 issued under Section 12-A of the COFEPOSA and also the notices issued under Section 6(1) of the Smugglers and Foreign Exchange Manipulators (For Forfeiture of Property) Act, 1976 hereinafter referred to as SAFEMA. (Annexure 'D collectively' to the main petition).

(2.) Facts and the chronological events which led to the present Letters Patent Appeal in nut-shell are as under:

(3.) Shri S.H. Sanjanwala, learned Senior Advocate has appeared on behalf of the appellants herein original petitioners and Shri Hriday Buch, learned Additional Central Government Standing Counsel has appeared on behalf of the competent authority under the SAFEMA and Ms. Nisha Thakore, learned Assistant Government Pleader has appeared on behalf of the State.