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1988 Supreme(Del) 246

MALIK SHARIEF-UD-DIN
SORINDER KUMAR – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
Harjinder Singh, MADAN LOKUR, Rohit Kochhar

Malib Sharief-ud-din, J.

( 1 ) THE petitioner has challenged the validity of the detention order dated 7th of March, 1988 passed by the Government of India under Section 3 (1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (as amended) with aview to preventing the petitioner from engaging in transporting the smuggled goods. The detention order was passed on the basis of an incident dated 17th of September, 1987 when the petitioner who as an employee of one Narvinder Singh had gone to take delivery of two boxes from the New Delhi Railway Station where be was apprehended with these two boxes by the customs officers who found 15,000 pieces of Electronic Digital Disco Ladies watches of foreign origin. On investigation ft was found that the petitioner was engaged in transporting smuggled goods.

( 2 ). The petitioner was formally arrested on 18th of September, 1987 and was produced before the Metropolitan Magistrate and was remanded to judicial custody. On 30th of September, 1987 he was, however, admitted tp bail on certain conditions. The case of the petitioner is that on 6th of April, 1988 he was informed that the Advisory Board will be conveni



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