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1989 Supreme(SC) 213

B.C.RAY, S.R.PANDIAN
Aslam Ahmed Zahire Ahmed Shaik – Appellant
Versus
Union Of India – Respondent


Advocates:
A.M.KHANWILKAR, A.S.BHASME, A.SUBBA RAO, P.P.Rao, SIRISH GUPTE, V.B.JOSHI, V.C.MAHAJAN

JUDGMENT

S. RATNAVEL PANDIAN, J. :— This appeal by special leave under Art. 136 of the Constitution of India is preferred against the Judgment made in Criminal Writ Petition No. 627/88* on the file of the High Court of Judicature at Bombay dismissing the writ petition filed by the appellant assailing the validity and legality of the order of detention dated 28th April, 1988 passed against him by the Joint Secretary, Ministry of Finance (Department of Revenue), Government of India, New Delhi under S. 3(l) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred as the Act) with a view to preventing the appellant from indulging in activities prejudicial to the augmentation of countrys foreign exchange resources.

* Reported in (1989) 39 ELT 199 (Bom).

2. The detaining authority on the material placed before him arrived to a conclusion that the detenu (appellant) was indulging in receiving and making payments in India unauthorisedly under instructions from a person residing abroad in violation of the provisions of the Foreign Exchange Regulations Act, 1973 and reached his subjective satisfaction that the said unauthorised and illegal


















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