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1984 Supreme(Del) 290

D.R.KHANNA
OMAR AHMED EBRAHIM NOORANI – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
B.R.Handa, KAPIL SIBAL, R.M.Bagai, U.K.Sharma

D. R. KHANNA, J.

( 1 ) AN order of detention of Omar Ahmed Ebrahim Neforani, a Kenyan national, was issued by the Government of Maharashtra on 2-9-1982 under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. It was mentioned that this was with a view to prevent him from smuggling goods and for the purpose his detention was necessary.

( 2 ) AT that time the detenue was not in India. He, however, was taken into custody on 18-10-1983 when he arrived in Delhi by air. He was taken to Bombay before the Chief Metropolitan Magistrate on the next date as the allegations were that he had earlier jumped bail in June 1982. On 20-10-1983 the aforesaid order of detention was; served on him when he was still in remand under the order of the Bombay Court. Ever since then he has been in detention.

( 3 ) THE order of detention passed under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act of the date 2-9-1982 described the detenu as a Kenyan National. No address of his in India was given. Similar was his description in the grounds of detention which were served upon him along with the detention order. These grounds have narrated the




















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