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1991 Supreme(Cal) 253

SUSANTA CHATTERJI
ARUN KUMAR BAJORIA – Appellant
Versus
UNION OF INDIA – Respondent


JUDGEMENT

The writ petition has been filed challenging the threat of detention of the petitioner under Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1973 popularly known as (COFEPOSA Act). There is a prayer for issuance of a Writ of Mandamus commanding the respondents to withdraw, recall and/or rescind the recommendation of issuance of an order of detention under the COFEPOSA Act and other consequential reliefs by way of injunction restraining the respondents from issuing any order of detention under the said Act upon declaration that the COFEPOSA Act itself is unconstitutional, illegal and null and void. It is stated in details that the petitioner is a businessman of repute being a Director of several Jute Mills. It is alleged that on 16th March, 1990 the officers of the Enforcement Directorate, Foreign Exchange Regulation Act in purported exercise of powers under S. 37 of the Foreign Exchange Regulation Act searched the petitioner's residential premises and also the office at No. 10, Clive Row, Calcutta and the petitioner was interrogated closely under a circle of various officers in the office of the respondent No. 4, the Deputy Director of Enforcem

















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