Though several grounds were urged in support of the writ petition at the time of hearing only two grounds were urged.
The Enforcement Directorate, Mumbai carried out certain search of the residential premises of one Pravin Popatlal Shah under Section 37 of the Foreign Exchange and Regulation Act, 1973 in short the FERA .
The first order of detention and the grounds of detention were served on 23.11.2005.
The writ petition was filed on 2.12.2005 under Article 226 of the Constitution of India, 1950 in short the Constitution for setting aside the order of detention.
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 numbernecessity of passing any detention order and b this aspect of exoneration of the detenu in the adjudicating proceedings should have been taken numbere of by the detaining authority.
The detention order had also been challenged on the ground that the companyfessional statement of the detenu was retracted subsequently on 15.7.1994 and hence original companyfession allegedly made on 13.7.1994 companyld number have been used.
Then detention order dated 27.8.1998 was passed.
The aforesaid two statements were made on the basis of following position.
533 OF 2007 Arising out of SLP Crl.
The Detenu submitted his written explanation on 30.3.1999 and adjudication order dated 29.11.1999 was passed by the Special Director of Enforcement.
The appellant had filed the writ petition challenging the detention of his brother Bherchand Tikaji Bora the detenu.
On 16.1.1997 residence of detenu was searched by some officers of the same Directorate.
The show cause numberice was given to the detenu on 18.1.1999 for companytravention of the provisions of Section 9 1 a of the FERA.
No.3770 of 2006 Dr. ARIJIT PASAYAT, J. Leave granted.
CRIMINAL APPEAL NO.
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 .
