2000 (8) TMI 1060

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....7/84-Customs (A) was passed against Sayed Mohammad Arif Bawamiya, the brother of the petitioner under Section 3 of the COFEPOSA Act. Though over 16 years have elapsed, this order has not been served on the proposed detenu because according to the petitioner he left India on 25-5-1976 and has not returned since that day. 3. A notice under Section 6(1) of the SAFEMA Act was issued on 21-10-1986 t....

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....enging the aforesaid detention order dated 29-6-1984, has also been filed. This judgment will dispose of both the writ petition as well as the said appeal. 6. this Court in Alka Subhash Gadia case was also concerned with a matter where the detention order had not been served but the High Court had entertained the petition under Article 226 of the Constitution. this Court held that equitable jur....

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....vant grounds, or (v) that the authority which passed it had no authority to do so. 7. As we see it, the present case does not fall under any of the aforesaid five exceptions for the court to interfere. It was contended that these exceptions are not exhaustive. We are unable to agree with, this submission. Alka Subhash Gadia case shows that it is only in these five types of instances that the....