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1987 Supreme(Del) 238

H.C.GOEL, S.RANGANATHAN
VIJAYA KUMAR GUJRAL – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
A.C.AGARWAL, B.P.S.MANGAT, Harjinder Singh, R.M.Bagai

H. C. Goel, J.

( 1 ) IN this writ petition under article 226 of the Constitution of India challenge is made to the order of detention dated 17/12/1985 passed by the Administrator, Union Territory of Delhi, respondent No. 2, under Section 3 (1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short the COFEPOSA) with a view to preventing Vijaya Kumar Gujral, petitioner, from smuggling gold into India and also from abetting him in smuggling of gold. In the grounds of detention it is stated that on February 5, 1985, five packages lying at the A. F. Godownin C. W. C. Import Cargo Unit, Gurgaon Road, New Delhi were examined by the customs officers in the presence of one Shri Mohd. Ali Abdi, Second Secretary, Somalia Embassy. On examination 200 gold biscuits were recovered. Shri Mohd. Ali Abdi confirmed that the contents of the five packages were as per the invoice. The packages had been imported by said Shri Abdi. Shri Abdi had appointed M/s. Capital Refrigeration of which the petitioner is the sole proprietor as his indenting agent. The gold biscuits are alleged to. have been imported concealed in the cking range, washing machine and two por











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