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1999 Supreme(Cal) 409

NURE ALAM CHOWDHURY, DEBIPRASAD SENGUPTA
ASWANI KUMAR MORE – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
GITA MUKHERJEE, INDRAJIT SEN, MILAN MUKHARJI, PRADIP GHOSH, PRADIP SEN, S.B.MOOKERJEE, SUBIR K.MEHTA, V.MISHRA

N. A. CHOWDHURY, J.

( 1 ) IN this application under Article 226 of the Constitution of India, the petitioner, who is the wife of the detenu Aswini Kumar More has challenged the order of detention of her husband, the detenu, passed by the Joint Secretary ot the Government of India, Ministry of Finance, Department of Revenue, being No. F. No. 673/9/99 - CUS VIII dated New Delhi the 27th January 1999 in exercise of the powers conferred by section 3 (1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activites Act, 1974 as amended, hereinafter referred to as COFEPOSA Act, with a view to preventing him from smuggling goods in future. The order of detention and the grounds on which the said order of detention was passed bearing the same date are contained in Annexure "a" to the writ petition.

( 2 ) IT has been alleged inter alia in the grounds of detention that the documents seized from the residence and offices of the detenu and from other places and the statements of several persons recorded during enquiry of some secret information received by the detaining authority, revealed total evasion of duty by illegal importation and illegal duty-free clearance of copper



































































































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