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1990 Supreme(SC) 208

K.JAYACHANDRA REDDY, S.R.PANDIAN
Sanjay Kumar Aggarwal – Appellant
Versus
Union Of India – Respondent


Advocates:
C.V.SUBBA RAO, Harjinder Singh, P.K.GOSWAMI, P.P.Rao, R.N.JOSHI, SUSHMA SURI, U.R.Lalit

JUDGMENT

REDDY, J.:- This is a petition under Article 136 of the Constitution of India against the judgment and order of the High Court of Delhi dismissing the writ petition filed on behalf of the detenu challenging the detention. Notice was given and after hearing counsel for both the parties at length the matter is being disposed of at the admission stage.

2. The detenu was detained under Section 3(l) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (hereinafter referred to as the Act) by an order dated 13-7-89. On 7-6-89 Officers of Directorate of Revenue Intelligence, New Delhi intercepted a Maruti Car in which one Mahesh Kumar Chauhan and three others were present but no recovery was effected on the spot. But later on the Car was thoroughly rummaged in presence of two independent witnesses and the occupants of the car and 206 foreign marked gold biscuits of ten tolas each were recovered from the cavities of the car meant for fitting speakers in the rear portion of the car. The occupants did not give any explanation for the possession of gold biscuits. On personal search of Mahesh, a slip was recovered which contained a telephone number and Mahes

































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