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1989 Supreme(Bom) 336

MEHTA DAUD
Verdichand Shankarlal Oswal – Appellant
Versus
L. Hmingliana – Respondent


JUDGMENT

Daud, J.- This petition under Article 226 of the Constitution takes exception to an order of detention made on 27-7-1989 under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (52 of 1974).

2. The detenu was travelling by an S.T. bus from Bombay to Karad. Acting on information, certain Officers of the Customs and Central Excise, Preventive Branch, Satara Division were on the alert at the Satara Bus Station from the evening of 11-10-1988. In the early hours of -12-10-1988, came S.T. bus bearing registration No. M.W.Q 972. The detenu was occupying seat No. 21. He was apprehended and in the presence of panchas a search of the bus was taken by the Officers. Under seat No. 21, the Officers came across a cloth bag the ownership of which was denied by the detenu when questioned on the subject. The bag was opened and found to contain amongst other things a brown paper wrapped over gold pieces. The said pieces were attached and on the person of detenu were found currency notes of the face value of Rs. 7,420, three bus tickets and a visiting card of a shop "Sha Sardarmal Kasturchand Saraf of Bombay. The gold pieces were seized un












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