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1989 Supreme(Del) 377

P.K.BAHRI
JAGDISH MITR – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
ASHOK ARORA, H.K.Saxena, Harsh Patney, R.M.Bagai, RAM JETHMALANI

BAHRI, J. (Oral)

( 1 ) THIS petition has been brought under Article 226 of the Constitution of India read with Section 482. Code of Criminal Procedure seeking quashment of the detention order dated February 28, 1989 passed under Section 3 (1) of the COFEPOSA Act with a view to preventing The petitioner from acting in any manner prejudicial to the augmentation of foreign exchange.

( 2 ) VARIOUS grounds have been taken for challenging the impugned order but it is not necessary to deal with all those grounds because in my view this petition is liable to be allowed on a very short ground.

( 3 ) IN Para 17 of the Grounds of Detention served on the petitioner it has been averred by the detaining authority as follows:

"while passing the detention order under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, I have relied upon the documents mentioned in the enclosed list". One of the documents mentioned in the enclosed list appears at Sr. No. 25 which is a statement dated February 24, 1989 of Shri Krishan Kumar Aggarwal. So, it is evident that while reaching the subjective satisfaction in possing the impugned order, the detaining authority has categorical










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