- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION No. 1649 OF 2006 Nikunj Kirti Kanakia Petitioner Vs. Union of India & Ors. Respondents Sri. S. N. Kantawala advocate i.b M/s. Khaitan & Co. for the petitioner. Sri R. F. Lambay, advocate for the respondent Nos. 1 and 2. Sri. P. S. Hingorani, APP for respondent No.3. CORAM : Sri R.M.S. KHANDEPARKAR & Sri A. A. SAYED, JJ. DATE : DECEMBER 17, 2007. P.C. . Though the petition is listed at Sr. No. 277, the matter was mentioned at 3 p.m. by the learned advocate appearing for the petitioner and submitted copy of order of detention under COFEPOSA Act, 1974, based on which the SAFEMA proceedings sought to be initiated, has itself been withdrawn and the SAFEMA proceedings do not survive and the petition is liable to be allowed in terms of - 2 - the reliefs asked for. He has placed on record xerox copies of the orders passed by the Hon’ble Apex Court in Writ Petition (Cri.) No. 145 of 2006, dated 24th September 2007 as well as order dated 24th August 2007, by which it is apparent that the challange thrown by the petitioner to the detention order which was impugned under COFEPOSA Act was sought to be withdrawn as the respondent Govt. had revoked the order of detention under COFEPOSA Act. The learned APP appearing for the respondent has also confirmed that the order of detention of petitioner under COFEPOSA Act has been withdrawn and has fairly conceded that in view of the withdrawal of detention of petitioner, SAFEMA proceedings cannot survive. Indeed, the law on this point is very clear that once the detention under COFEPOSA Act is withdrawn, question of proceedings under SAFEMA Act does not arise at all. In this view of the matter, nothing further survives in the proceedings under SAFEMA Act as the detention of the petitioner has been revoked and thus, the SAFEMA proceedings are liable to be quashed. Accordingly, the petition is - 3 - allowed and rule is made absolute in terms of prayer Clause 11(a) of the petition. There has been no order as to costs. Sd/- [ R.M.S. KHANDEPARKAR, J.] Sd/- [ A. A. SAYED J.]