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1996 Supreme(Bom) 444

A.V.SAVANT, D.K.DESHMUKH
Vijayraj Jivraj Solanki – Appellant
Versus
Union of India – Respondent


JUDGMENT - SAVANT A.V., J.:---Heard all the learned Counsel.

2. The petition is filed by Vijayraj Solanki, cousin of the detenu Kaluram Danaji Prajapati. The detenu has been detained under the order dated 15th November, 1995 passed by the second respondent Joint Secretary to the Government of India in exercise of his powers under section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short COFEPOSA Act). The order of detention says that with a view to preventing the said Kaluram Danaji Prajapati from engaging in keeping smuggled goods as well as dealing in smuggled goods otherwise than by engaging in transporting or concealing smuggled goods in future it was necessary to make the order of detention. The grounds on which the order of detention was passed were furnished along with the order of detention. Both the order and grounds were served on 20th November, 1995 along with the list of documents. Briefly stated the facts are as under :

3. On specific information the officers of Head Quarters Intelligence Unit-II Customs (Prev) Commissionerate, Bombay intercepted one Farook Ibrahim Desai and his minor son Naveed Desai on the domesti






















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