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1975 Supreme(Cal) 214

B.C.RAY
KRISHNA KUMAR MODI – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
ASHOK GANGULY, BHAGAWATI BANERJEE, NANI COOMAR CHAKRABORTY, P.R.ROY, S.D.BANERJEE, Uma Sanyal

B. C. RAY, J.

( 1 ) THIS is an application for vacating the interim order of injunction issued on March 20, 1975 at the time of issuance of the said rule. The interim order has been issued in terms of prayer of the petition i. e. injunction retraining the respondents and/or their subordinates and/or servants and each one of them from passing any order of detention against the petitioner or from arresting or detaining the petitioner under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (Act 52 of 1974) or any order that may be passed under any provision of any other statute having the force of preventive detention against the petitioner on the basis of search and seizure dated October 15, 1974 for a period of eight weeks with liberty to the petitioner to apply for extension of the said interim order upon notice to the respondents Nos. 2, 4 and 6. Pursuant to the leave granted the petitioner also filed an application for extension of the interim order of injunction.

( 2 ) IN paragraph 2 of the application for vacating the interim injunction it has been averred that on October 15, 1974 on the basis of an information the officers of the Customs, Preven











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