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1994 Supreme(Del) 795

ARUN KUMAR
RAKESH KUMAR GUPTA – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
Gajendra Kumar, MIRA BHATIA, NAVIN MALHOTRA, R.L.MEHTA

Mr. Arun Kumar, J.

( 1 ) THIS writ petition challenges the order of detentiondated 23/03/1994 bearing No. F. No. 673/30/94-Cus. VIII, passed by Sh. Mahendra Prasad, Joint Secretary to the Govt. of India under section 3 (1) of theconservation of Foreign Exchange and Prevention of Smuggling Activities Act,1974 (hereinafter referred to as the COREPOSA Act) by which the petitioner wasordered to be detained and kept in custody in Central Jail, Tihar, Delhi.

( 2 ). Briefly the facts are that the officers of the Enforcement Directorate, Delhizonal Office, intercepted a Maruti Car bearing registration No. DL-2c-F4598 and amaruti Van with registration No. DL-3c-E1822 at Sonauli Border while the said twovehicles were driving to cross over to Nepal alongwith their passengers. The searchof both the vehicles was conducted under Section 36 of Foreign Exchange Regulationact, 1973.-As a result of the search foreign exchange as per details given below wasrecovered arid seized. It was found concealed in the cavities of the vehicles.

( 3 ). Apart from the above seized foreign exchange certain incriminating documents were recovered and seized from the cavities of the said vehicles. As thevehicles were











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