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2001 Supreme(Del) 671

S.K.AGARWAL, ARIJIT PASAYAT
OLGA KOZIREVA – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
ASHUTOSH AHLUVALIA, K.K.Sud, NIRAJ JAIN, SATISH AGGARWAL

ARIJIT PASAYAT

( 1 ) BY this petition styled to be under Articles 226 and 227 of the Constitution of India, 1950 (in short the "constitution") legality and validity of the order dated 19th September, 2000 passed by the Union of India-Respondent No. 1 through its Joint Secretary, Department of revenue, Ministry of Finance, has been challenged. Said order of mittimus was passed in exercise of powers conferred under Section 3 (1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (in short the "act") for taining the petitioner with a view to preventing the petitioner (hereinafter referred to as detenu ) from smuggling goods in future. Prayer is for issuance of a writ in the nature of habeas corpus.

( 2 ) GROUNDS on which detention has been directed and background thereof are as follows: on 28/08/2000 detenu, a holder of Uzbek passport, arrived at the IGI Airport from Bishkek by flight No. K2-545. She was intercepted at the exit gate of arrival hall after she had walked through the green channel and was trying to clear her baggage. She was asked by a plain clothed Customs Officer as to whether she was carrying any dutiable goods, gold or any other



















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