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1997 Supreme(AP) 806

V.RAJAGOPALA REDDY, V.BHASKARA RAO
Arulsamy Sebastian – Appellant
Versus
Secretary to Government (Political General Administration), Hyderabad – Respondent


Y. BHASKAR RAO J.

( 1 ) THE petitioner-Arulsamy Sebastian filed the writ petition assailing his detention order dated 1-11-96 passed by the first respondent - The Secretary to Government (Political General Administration) (Law and Order-II) Department, Government of Andhra Pradesh, Hyderabad under Section 3 (1) (i) and (iii) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (as amended) (for short the Act ).

( 2 ) IT is stated that when the petitioner boarded the Indian Airlines Flight IC 591 on 16-9-1996 at about 10. 00 P. M. and when the flight was about to take off, a few D. R. I. Officers came to the flight and off loaded him and brought him down. The petitioner was travelling to Sharjah for getting viasas for various jobs at Gulf countries. The petitioner had been four times earlier to Sharjah. The D. R. I. Officers had falsely alleged that he had been illegally exporting foreign currency through Hyderabad Air Port, Hyderabad and further alleged that they have recovered foreign currency from a bag brought by him, but the petitioner denied the said allegation. It is further stated that the D. R. I, Officers extorted a false and incrimina














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