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2006 Supreme(SC) 741

K.G.BALAKRISHNAN, G.P.MATHUR
Vinod K. Chawla – Appellant
Versus
Union of India – Respondent


JUDGMENT

G.P. Mathur, J. — 1. This appeal, by special leave, has been preferred against the judgment and order dated 27.1.1999 of High Court of Delhi by which the writ petition filed by the appellant challenging the detention order passed against him on 12.2.1997 under Section 3(1) of Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short COFEPOSA) by the Joint Secretary, Government of India, was dismissed.

2. Though the detention order was passed on 12.2.1997 but the same could be served upon the appellant after more than a year on 12.3.1998 when he was taken into custody as he was absconding. The appellant filed the writ petition under Articles 226 and 227 of the Constitution soon thereafter before the Delhi High Court which was dismissed on 27.1.1999. The appellant has already undergone the entire period of detention but he is pursuing the present appeal as he is threatened with proceedings under Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976.

3. The grounds of detention mention that the Director of Revenue Intelligence, New Delhi (for short DRI) had received information that the appellant was indulging in












































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