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MALIK SHARIEF-UD-DIN
S. Lakhwinder Singh – Appellant
Versus
Union of India – Respondent


JUDGMENT

Malik Sharief-ud-Din, J. - The petitioner has been taken into detention in pursuance of an order dated 11th February 1987 passed by Shri Tarun Roy, Joint Secretary to the Government of India, under section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. This detention order was passed with a view to preventing the detenu from smuggling goods, engaging in transporting and concealing smuggled goods, and dealing in smuggled goods otherwise than by engaging in keeping smuggled goods. This detention order is an outcome of an incident dated 27th of January 1987 when a truck No. PAT 1155, which was driven by Sikander Singh was intercepted at the Haryana-Delhi border. The truck was carrying four persons namely, Nirmal Singh, Harcharan Singh, the petitioner and the driver Sikander Singh. On search of the truck 150 foreign marked gold biscuits were recovered from it. On further enquiry it was found that this consignment of foreign marked gold was to be delivered to Surinder Kumar and Satpal who were also arrested. All of them were taken into custody on 27th January 1987. There is no need for me to detail further facts:

2. Mr. Herjinder

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