A numberice under Section 6 1 of the SAFEMA Act was issued on 21 10 1986 to the proposed detenu, the fear of losing the property led the petitioner to filing a writ petition in the High Court seeking to challenge the detention order dated 29 6 1984 issued against his brother.
An order of detention dated 29 6 1984 bearing No.
Against the said judgment an appeal by special leave petition has been filed.
Though over 16 years have elapsed, this order has number been served on the proposed detenu because according to the petitioner he left India on 25 5 1976 and has number returned since that day.
This judgment will dispose of both the writ petition as well as the said appeal.
673/137/84 Customs A was passed against Sayed Mohammad Arif Bawamiya, the brother of the petitioner under Section 3 of the COFEPOSA Act.
1351 of 1991 challenging the aforesaid detention order dated 29 6 1984, has also been filed.
By the impugned judgment the High Court applied the ratio of the decision of this Court in the case of Addl.
An independent writ petition under Article 32 in Writ Petition No.
Leave granted.
Secy, to the Govt.
of India v. Alka Subhash Gadia and came to the companyclusion that in exercise of his discretion under Article 226 of the Constitution it would number be appropriate to entertain the writ petition inasmuch as the proposed detenu had number surrendered and the detention order had number been served on him.
