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1984 Supreme(Cal) 156

A.K.Sen, PRABIR KUMAR MAJUMDAR
UNION OF INDIA – Appellant
Versus
Abdul Sattar – Respondent


Advocates Appeared:
Jatin Ghosh, Uma Sanyal, Bholanath Sen, R.M. Das, Susanta Banerjee, P.M. Razack, Chandan Ghosh

Judgment

ANIL K. SEN, J.

1. AN application for stay in connection with the above appeal having come up for hearing on contest before us, we have, with the consent of the parties, heard the appeal and the application together. The appeal has been preferred by the Union of India. The order challenged is one dated December 16, 1983 passed by a learned single Judge of this Court thereby extending an ad interim order of injunction earlier granted on August 26, 1983 until disposal of the writ petition. The ad interim order of injunction, that was so extended was on the following terms :-

"There will be an interim order of injunction to this extent that on the petitioner's undertaking to report to the Officer in Charge, Ekbalpore police Station, Calcutta, once a week the authorities are restrained from putting the petitioner under detention under the provisions of conservation of Foreign Exchange and prevention of smuggling Activities Act, 1974. In the event the petitioner fails to report as directed the interim order will stand vacated."

2. THE respondent, Union of India, appeared before the learned single Judge to oppose the prayer for extension of such an order, but the learned single Jud




















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