On the revocation of the emergency, the detenu was released but the challenge to the detention order, was pursued and ultimately by the judgment and order dated 23 2 1981, the Bombay High Court set aside and quashed the second detention order.
The said order of detention was challenged by the son of the detenu Shri Tej Raj before the Bombay High Court and after companysidering the grounds of detention, the Bombay High Court quashed the detention order by judgment dated 1 11 1974.
By an interim order dated 10 3 1976, the Bombay High Court held that the detenu was entitled to challenge the grounds for detention and the petition presented before the High Court for such challenge was maintainable.
1320 of 1975 The instant appeal arises out of such judgment of the Bombay High companyrt dated 23 2 1981 quashing the second detention order.
Sometime in June 1975 during the period of emergency declared under the Constitution, another detention order was passed against the said Ghamandiram.
From the Judgment and Order dated 23 2 1981 of the Bombay High Court in Crl.
The respondent Ghamandiram Kewalji Gowani was detained under Conservation of Foreign Exchange and Prevention of Smuggling Activities Act hereinafter referred to as COFEPOSA in 1974.
During the pendency of this appeal, the respondent Ghamandiram died on 2 2 1983.
No application for substitution of the heirs of the legal representatives of the said deceased respondent Ghamandiram was made within the period of limitation.
The second detention order was also challenged in the Bombay High Court.
Appeal No.
