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1985 Supreme(SC) 24

A.V.VARADARAJAN, S.MURTAZA FAZAL ALI
Tusher Govindji Shah – Appellant
Versus
Union Of India – Respondent


Advocates:
K.N.MADHYSUDHAN, M.N.SHROFF, O.P.RANA, RANI JETHMALANI

Judgment

A. VARADARAJAN, J.:- We dismissed this Writ Petition on 18-1-1985, after hearing the learned counsel for the parties, for reasons to follow. We now give our reasons.

2. This habeas corpus petition under Art. 32 of the Constitution has been filed by the petitioner Tusher Govindji Shah on behalf of Bakshish Singh who is under detention from 23-3-1984 under an order dated 11-1-1984 made by the Government of Maharashtra under S. 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. The detenu is now lodged in the Central Jail, Nasik. The grounds of detention were supplied to the detenu at the time of his arrest on 23-3-1984. In the note, directed by the Detaining Authority to be treated as part of the order of detention, it is stated that the detenu is one of the principal conspirators in the conspiracy to smuggle hashish into India from Pakistan and to smuggle it out of India. Pursuant to the conspiracy he had arranged to acquire hashish of Pakistan origin through his associates and received $ 25,000 from one James Martin ODea during August 1983 for renting a godown, purchasing black-boards and cutting them, making in tanks and stacks of













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