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1989 Supreme(Kar) 219

PREM CHAND JAIN, SHIVASHANKAR BHAT
AKTAR SAKEENA – Appellant
Versus
GOVERNMENT OF INDIA – Respondent


SHIVASHANKAR BHAT, J.

( 1 ) AMJAD Hussain was detained under the provisions of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 ('the Act') by an order dated 8-10-1988. His mother has filed this petition challenging the same. The detenu has been in detention since 23-11-1988.

( 2 ) IT is stated in the grounds accompanying the order of detention that on 9-9-1988 the Officers of the Directorate of Revenue Intelligence kept watch at Mangalore along with two witnesses on the information that one Praveen Kumar Shetty was likely to carry foreign marked gold near poonja Arcade, Mangalore. Thereafter the Officers apprehended the said Praveen Kumar Shetty and from him five pieces of gold, each weighing 10 tolas were seized. These gold pieces had foreign markings and the certified gold-smith after testing them by touch-stone-method opined the said five gold biscuits, of 24 ct. purity and of foreign origin. Accordingly the said gold biscuits were seized, valued at Rs. 1,80,000/- on the reasonable belief that they were smuggled into India. It is further stated that the said Praveen Kumar Shetty made a statement according to which the detenu supplied him t





















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