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1993 Supreme(Del) 6

S.C.JAIN
DALJIT SINGH SANDHU – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
N.K.Hunda, V.K.Shali

S. C. Jain

( 1 ) THE petitioner has challenged the detention orderpassed against him under Section 3 (1) read with Section 2 (f) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act,1974 (in short COFEPOSA) on 8-10-1992 by filing this criminal writ petition.

( 2 ) AS per the facts available on record, the petitioner was interceptedon 19-5-1992 at I. G. I. Airport, New Delhi when he was leaving for Dubaiand as a result of search of his baggage, foreign currency equivalent tors. 9,19,058. 25 was recovered. On 20-5-1992 the residence of the petitionerwas also searched, but nothing incriminating was recovered. On 6-6-1992 acomplaint under Sections 132 and 135 (1) (a) of the Customs Act was filedagainst the petitioner and the petitioner was granted bail by the Additionalsessions Judge, New Delhi on 7-7-1992. Departmental proceedings werestarted against the petitioner and a show cause notice was issued on26-8-1992 and on 8-10-1992 this detention order was passed and in pursuanceof that detention order the petitioner was arrested on 4-11-1992. The detention order was served on the petitioner on 6-11-1992 when he was in jail andon 12-11-1992 he made a represent








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