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1987 Supreme(Del) 406

D.P.WADHWA
BAL CHAND BANSAL – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
B.L.VALI, KAPIL SIBAL, P.Mishra, R.C.CHAWLA, R.M.Bagai, S.K.DUBEY, S.K.MISHRA

D. P. WADHWA, J.

( 1 ) THE petitioner a detenu under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act 1974 (for short the Act ), seeks to have the order of detention quashed and also issuance of a writ of habcas corpus directing the respondents to produce the petitioner and then to set him at liberty.

( 2 ) THE petitioner was arrested on 3-4-1987 for offences under the Foreign Exchange Regulation Act 1973 and produced before the Additional Chief Metropolitan Magistrate, New Delhi, who remanded him to judicial custody up to 13-4-1987. The impugned order of detention was made on 13-4-1987 with a view to preventing the petitioner from acting in any manner prejudicial to the conservation of foreign exchange. In the order of detention the petitioner has been described as Bal Chand @ Bal Chand Bansal @ Bal Chand Aggarwal @ Bal Chand Rajgarhia. The petitioner was detained in pursuance to the order of detention on 13-4-1987 itself while he was in judicial custody. He was also communicated the grounds of his detention as required under sub-s. (3) of S. 3 of the Act. He was told that if he wanted to make a representation against his detention to the detaining



























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