S.NATARAJAN, M.M.DUTT
Madan Lal Anand: Shashi Anand – Appellant
Versus
Union Of India – Respondent
JUDGMENT
DUTT, J. :- Elaborate submissions have been made by the learned Counsel for both the parties and, accordingly, we proceed to dispose of the case on its merit after granting special leave.
2. This appeal is directed against the judgment of the High Court of Punjab & Haryana, dismissing the writ petition filed by three detenus including one Madan Lal Anand, the husband of the appellant challenging the validity of the orders of detention, all dated September 30, 1988, passed by the Joint Secretary to the Government of India, the detaining authority, under section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, hereinafter referred to as the COFEPOSA Act. So far as the detenu Madan Lal Anand is concerned, the order of detention was passed with a view to preventing the detenu from abetting the smuggling of goods and dealing in smuggled goods otherwise than by engaging in transporting or concealing or keeping smuggled goods. The order of detention along with the grounds of such detention as served on the detenu on October 18, 1988 and a declaration under section 9 of the COFEPOSA Act was made on November, 2, 1988 and served on him on
relied on : L.M.S. Ummu Saleema v. B.B. Gujarat
explained : Vakil Singh v. State of Jammu and Kashmir
distinguished : Kirti Kumar Chaman Lal Kundaliya v. Union of India
referred to : Kirpal Mohan Virmani v. Tarun Roy
relied on : Vakil Singh v. State of Jammu and Kashmir
Asgar Ali v. District Magistrate, Burdwan
Sum Mallick v. State of West Bengal
P.L. Lakhanpal v. Union of India
L.M.S. Ummu Saleema v. B.B. Gujaral
distinguished : Achla Kakkar v. Administrator, Union Territory of Delhi
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