V.S.AGGARWAL, A.K.SIKRI, B.A.KHAN, S.B.SINHA
RAJESH GULATI – Appellant
Versus
LIEUTENANT GOVERNOR DELHI – Respondent
( 1 ) PETITIONER was arrested on 5. 7. 2001 by custom officials at IGI Airport for allegedly having smuggled 42 mobile phones worth Rs. 4. 50 lacs or so. He moved several bail applications before ACMM and ASJ which were rejected till he was eventually granted bail by this court by order dated 29. 10. 2001. But before he could come out on bail, he was detained by order dated 28. 9. 2001. He was supplied grounds of detention and the list of relied upon documents. He made a representation dated 17. 10. 2001 against his detention and requested for revocation of his detention order or alternatively for supply of some documents/material. His representation was rejected. He made a representation again on 29. 10. 2001 which also met the same fate by order dated 18. 11. 2001. His detention was eventually confirmed for 12 months by order dated 8. 11. 2001.
( 2 ) PETITIONER has filed this petition to challenge his detention on a variety of grounds. His first plea is that his detention was unjustified as there was no prospect of his being bailed out as was evident from rejection of his bail applications on various dates. Support for this is drawn from the judgment in Amritlal vs. Uni
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