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1989 Supreme(Kar) 200

PREM CHAND JAIN, SHIVASHANKAR BHAT
SHIVAJI DONDOJI PADAKI – Appellant
Versus
GOVERNMENT OF INDIA – Respondent


SHIVASHANKAR BHAT, J.

( 1 ) THE petitioner, who is a detenu in Central prison, Bangalore, has challenged his detention. He is detained, as per an Order dated 7-11-1988 made under Sect ion 3 (1) of the Conservation of foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short 'the Act'), since 17-11-1988.

( 2 ) THE grounds of detention furnished to the petitioner refer to Section 3 (1) (iii) of the Act, as the one under which the impugned order was made. The impugned order stated that the Detaining authority was satisfied that the petitioner was to be detained with a view to "preventing him from engaging in transporting, concealing and keeping smuggled goods".

( 3 ) THE facts in brief are that on 6-10-1988, Officers of the Department of Revenue Intelligence who had credible information, chased the car driven by the petitioner and stopped it; the car was coming towards Bangalore, from Tumkur side. One Dilip Vimalchand was also found in the car.

( 4 ) THE occupants of the car were searched and thereafter they along with the car were brought to the office of the Department. The search of the car revealed two packets concealed in the door panel board of the front s




































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