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1987 Supreme(Del) 323

M.K.CHAWLA
KIRPAL MOHAN VIRMANI – Appellant
Versus
TARUN ROY – Respondent


Advocates Appeared:
G.RAMASVAMY, KAPIL SIBAL, P.Mishra, R.M.Bagai

M. K. CHAWLA

( 1 ) WITH a view to prevent Shri Kirpalmohan Virmani, the present petitioner, from smuggling goods and abetting the smuggling of goods Shri Tarun Roy, Joint Secretary to the Government of India passed an order of his detention under the COFEPOSA Act (hereinafter referred to as theact) on 5/11/1986. The subjective satisfaction isbased on the following circumstances :

( 2 ) ON a specific information that truck No. DEL 3124 iscarrying Hashish concealed inside the machinery items, theofficers of the Customs Preventive Collectorate, West Bengalsucceeded in iniercepting the truck at Mogra on 12/07/1986and apprehended its three occupants, S/shri Joginder Singh,and Shiv Raj Singh. drivers and Ranjit Singh, cleaner. Ondetailed examination, it was found to be carrying two consignments comprising of 30 cases, containing 660 pieces of frontand rear engine mounting. M/s. Northern Exports, 116 Harinagar, New Delhi, was the consigner. This machinery wasmeant for export to M/s. Nazi Handi Altharthi Est. Jedda (Saudi Arabia ). Another consignment comprising of four packages containing one power press and two pieces of hand-operatedpress consigned by M/s. Modern Machinery and Instruments














































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