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1987 Supreme(SC) 210

R. S. PATHAK, RANGANATH MISRA, A. P. SEN, V. KHALID
Tsering Dolkar – Appellant
Versus
Administrator, Union Territory Of Delhi – Respondent


Judgement

RANGANATH MISRA, J. :- By this application under Art. 32 of the Constitution the wife of the detenu Wang Chuk assails the order of his detention under S. 3(l) read with S. 2(f) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as the "COFEPOSA Act") made on July 21, 1986 by the Administrator of the Union Territory of Delhi. The detenu is of Ladakhi origin and has been residing at Delhi for some time. The grounds served on him along with the order of detention stated that on March 18, 1986, the Customs Authorities on the basis of previous information in their possession intercepted the vehicle in which the detenu was travelling and inquired of him if he was in possession of contraband or smuggled gold. He answered in the affirmative and disclosed that he was carrying smuggled gold packed in a piece of cloth. At the Customs House where he was taken, 36 pieces of gold with foreign markings valued at a little more than three lakhs and seventy-three thousand rupees (Rs. 3,73,000/-) were recovered from the cloth pack. When the detenu failed to produce authority in support of the possession of it, the same were seiz






























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