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1981 Supreme(SC) 302

A.P.SEN, BAHARUL ISLAM, O.CHHINNAPPA REDDY
L. M. S. Ummu Saleema – Appellant
Versus
B. B. Gujaral – Respondent


Advocates:
A.Subhashini, M.M.ABDUL KHADER

Judgment

CHINNAPPA REDDY, J.:- In this application under Art. 32 of the Constitution, we are concerned with the question of the legality of the detention of Jahaubar Moulana under the provision of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. On August 6, 1980, a car in which the detenu Jahaubar Moulana was travelling was intercepted by Customs Officers near Perumber-Kandigal diversion road an Tiruchirappalli-Madras G. S. T. Road. On a search of the car, 768 Wrist watches of foreign origin and 1560 semi-precious stones were found ingeniously concealed in the panelling of the front doors and the cavity between the petrol tank and the steel plate covering the petrol tank. The goods which were valued at Rs. 2,95,188/- were seized by the Customs Officers along with the car. On 7-8-80 the detenu. Jahaubar Moulana, was interrogated and a statement was recorded which incriminated himself and others. He was taken before the Magistrate on 8-8-80 and was remanded to custody. He was granted interim bail on 12-8-80 and the bail was finally confirmed on 16-8-80. On 14-8-80 the detenu claims to have sent a communication addressed to the Assistant Collector















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