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2017 Supreme(SC) 17

A.K.SIKRI, A.M.SAPRE
GAUTAM JAIN – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
For the Parties :- Nikhil Jain, B. Krishna Prasad, Advocates

JUDGMENT

A.K. Sikri, J.

Detention order dated 23.09.2009 was passed by respondent No.2 against the appellant under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as the 'Act') whereby the appellant was directed to be detained. Initially, this order was challenged by the appellant at pre-execution stage by filing writ petition in this Court under Article 32 of the Constitution of India. Said petition was entertained and initially execution of the Criminal Appeal No. 2281 of 2014 & Anr. Page 1 of 30 detention order was stayed. However, ultimately vide order dated 01.10.2013, the writ petition was dismissed as withdrawn with liberty to the appellant to avail his legal remedies. Thereafter, the appellant appeared before the officials of Enforcement Directorate on 18.11.2013 when he was served with the order of detention. He was also detained and lodged in the Central Jail, Tihar in execution of the said order of detention.

On 21.11.2013 and 22.11.2013, the appellant was served with the Grounds of Detention as well as copies of certain relied upon documents with translation thereof. According to the appellant,



























































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