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1994 Supreme(SC) 90

M.K.MUKHERJEE, S.MOHAN
Administration Of The National Capital Of Delhi, Raj Niwas, Delhi – Appellant
Versus
Premsingh – Respondent


(1) THIS appeal arises against the judgment of the High court of Delhi rendered in the Writ Petition (Crl.) No. 637/1992, dated 16/2/1993. In and by the said judgment, the High court has chosen to interfere at the pre-detention stage. Against the respondent the order of detention has been passed on 28/8/198282. The grounds of detention are yet to be served. The High court has chosen to allow the writ petition and quashed the order on three grounds, (1 the grounds of detention are common with those grounds of detention in the case of Vijay Kumar; (2 Vijay Kumar and other accused were advised to be released by the Advisory Board constituted under Section 8 of the Act; and (3 there is relaxation to bring gold of foreign origin up to a certain extent on payment of certain duty.

(2) AGGRIEVED by this judgment, the Administration of the National Capital of Delhi has preferred this appeal. The learned counsel, Mr Nambiar on behalf of the appellant, strongly relies on Additional Secy. to the Govt. of India v. Alka Suhhash Gadia, particularly paragraph 536. On these basis it is submitted that this Court has catalogued the grounds for interference at the pre-detention stage. N









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