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1993 Supreme(Del) 594

MANMOHAN SARIN
UMESH BHATIA – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
Rohit Kochhar, SUNIL MAGAN

Anil Dev Singh, J.

( 1 ) IN this writ petition under Article 226 of the Constitution of India, the challenge is to the order of detention dated May 5,1993 passed by the Joint Secretary to the Govern- ment of India against the petitioner. The detention of the petitioner has been ordered under Section 3 (1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 ( for short cofeposa ACT ).

( 2 ) THE facts set out in the grounds of detention are as under: On March 10,1993 the petitioner was intercepted in the security zone of the IGI Airport, New Delhi, when he was about to fly to Singapore. His baggage was recalled from the aircraft and searched. The search of the baggage resulted in seizure of the following currencies:-

"1. US 37850 2. DM 12050 3. Sing. 1450 4. Can. 2050 5. Lira 49,60,000 6. Bahrin Dinar 10; 7. Oman Riyal 10 8. Yen 1000. 9. Thai Bhatt 210. 10. Spanish Peseto 5000 11. Mal 20 12. UK Pounds 1000 and 13. US Travellers cheques 1280"pursuant to the notice under Section 40 of the Foreign Exchange Regulation Act, 1973 the petitioner, inter alia, admitted the seizure of the foreign currencies from his baggage. He also stated that he had purc

























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