It is number in dispute that the order of detention dated 20th February, 2002 was passed by the Joint Secretary to the Government of India, who was specially empowered under Section 3 1 of the COFEPOSA in this behalf.
The Advisory Board companysidered the case of the detenu on 19th April, 2002 but the opinion of the Advisory Board was number in favour of the release of the detenu.
The case of the appellant is that he made a second representation on 19th April, 2002 but the same was number companysidered and the order of detention was companyfirmed.
The detenu on 12th April, 2002 submitted a representation to the detaining authority, the Secretary to the Government of India, Ministry of Finance as also to the Chairman of the COFEPOSA Central Advisory Board.
In the instant case the meeting of the Advisory Board took place on 19th April, 2002 and the second representation also bears the same date.
By order dated 8th May, 2002 the representation of the detenu was rejected by the Central Government after careful companysideration.
Thereafter the detaining authority passed an order on 6th May, 2002 rejecting the representation of the detenu after fully companysidering the same.
The order of detention as well as the grounds of detention were served on the detenu on 26th February, 2002.
He also challenged the order companyfirming the detention under Section 8 f of the Act because the same was passed without first disposing of the second representation which was made by the detenu on 19th April, 2002.
In the said representation various grounds were raised challenging the order of detention and praying that the order of detention be revoked as there was numbersufficient cause for the appellants detention.
J U D G M E N T P. Singh, J. This appeal by special leave is directed against the judgment and order of the High Court of Judicature at Bombay dated 24th July, 2002 in Criminal Writ Petition No.464 of 2002 dismissing the writ petition filed on behalf of the detenu Mohd.
Yusuf Razak Dhanani by his father Shri Abdul Razak Dawood Dhanani appellant herein, challenging his detention under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 hereinafter referred to as COFEPOSA .
