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1994 Supreme(Bom) 256

VISHNU SAHAI, R.G.VAIDYANATHA
Nikhil Shah – Appellant
Versus
Union of India, through the Secretary to the Government of India and others – Respondent


JUDGMENT

r.g. vaidyanatha, J.:—This is Habeas Corpus petition filed under Article 226 of the Constitution of India. Respondents have filed objections. Lengthy arguments were heard by spreading over about 9 days.

2. Relevant facts necessary for the disposal of this petition are as follows:

The detenu in this case is one Niranjan Jayantilal Shah. Petition is filed by detenus brother in law. It appears, on credible information, the Officers of Income Tax Department searched the premises of the detenu bearing flat Nos. 201, 202, 301 and 302 on 30th and 31st May, 1992 in the presence of the detenu. During this search huge foreign currency and some incriminating documents were seized. Statement of the detenu was recorded on 30-5-1992 and also on subsequent dates. The statement of the detenu disclosed that he had purchased foreign currency from unaccounted money and the detenu intended to import some machinery for his business. Seized foreign currency and copies of relevant documents were handed over to the Enforcement Directorate, Bombay for further investigation. Computer floppy and the print-out were also seized during the search which indicated that the detenu had transactions with ma











































































































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