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1992 Supreme(SC) 413

YOGESHWAR DAYAL, S.RANGANATHAN, V.RAMASWAMI
N. K. Bapna – Appellant
Versus
Union Of India – Respondent


Advocates:
A.K.SEN GUPTA, A.SUBBA RAO, B.N.SINGHVI, P.PARMESHVARAN, PRADIP TARAFDAR

JUDGMENT

S. RANGANATHAN, J.- The petitioner is the Managing Director of M/s E.A.P. Industries Ltd., engaged in the business of manufacture and production of plastic compounds, plastic films and sheets and plastic chemicals. The petitioner says that it came to his knowledge that an order has been passed on January 1, 1992 directing his detention under Section 3(1) of the Conservation of Foreign Exchange & Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as the Act) - with a view to preventing him from abetting the smuggling of goods. A copy, purporting to be a copy of the said order, has been placed on record, though it is not quite clear how the petitioner came by it. Thereupon he filed a writ petition in the Calcutta High Court for an injunction restraining the concerned authorities from detaining him in pursuance of the above order. This writ petition as well as an appeal therefrom, have been dismissed: hence the present special leave petition.

2. According to the petitioner, the detention order has been issued in consequence of certain proceedings which had been initiated against him by the customs officials. He says that the company imported 267.782 metric to






















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