MOHOMED ANEES SHAIKH IBRAHIM Vs. STATE OF GUJARAT

JUDGEMENT

(1.) -By this Writ Petition under Article 226 of the Constitution, Petitioner challenges the validity of the Order dated 30th October, 1987, issued under the COFEPOSA Act, by the second Respondent and prays that the same be quashed and set aside.

(2.) Petitioner is an Indian citizen, carrying on business in the name and style of Al-Marwan Video CentreT at Dubai, where he is residing. On or about 6th February, 1987, an Order of Detention was issued by the then Administrator of Goa, Daman and Diu, under Section 3(1) of the COFEPOSA Act, against the Petitioner with a view to preventing him from smuggling goods. On the same date, a communication was issued containing the rounds of detention as well as a list of the documents and copies of documents relied upon by the Detaining Authority were served on the Petitioner. Being aggrieved by the said Order of Detention, Petitioner's mother filed a Writ Petition for Habeas Corpus, being the Writ Petition No. 15 of 1987, challenging it. By judgment dated 23rd March. 1987, a Division Bench of this Court allowed the said Petition and consequently, quashed and set aside the aforesaid Order of Detention dated 6th February 1987.

(3.) On the same date, i.e. on 6th February 1987, the then Administrator of Goa, Daman and Diu also issued another Order of Detention against Lallubhai Jogibhai Patel with a view to preventing him from smuggling goods. The said Order also was challenged in a Writ Petition, being the Writ Petition No. 16 of 1987. It was ultimately quashed and set aside by another judgment dated 23rd March, 1987, by the Division Bench of this Court.