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1981 Supreme(Del) 354

D.K.KAPUR, J.D.JAIN
DALAM CHAND BAID – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
D.P.VADHAVA, Harjinder Singh, S.L.VATEL

D. K. Kapur

( 1 ) IT is necessary to set out a few facts indicating how the present petition for a writ of habeas corpus has come to be moved in this Court. According to the facts set out in the affidavit of Shri Dcvinder Malhotra, Enforcement Officer in the Enforcement Directorate at New Delhi, the petitioner is a resident of Bombay, but he had been going abroad often. It is not necessary to give the details here. On 1st June, 1981, he left India on an Air-India Flight and arrived at Heathrow Airport, London, the same day. He was carrying a suit-case which was found to contain currency of various countries which was the equivalent of $ 2,38, 192. 00. Accordingly, the petitioner was refused entry into the United Kingdom and was directed to be deported. He appealed, but was unsuccessful; he was, therefore, deported and arrived at Palam Airport, New Delhi, on 20th July, 1981. He was thereupon asked to appear in the office of the Enforcement Directorate situated at Khan Market, New Delhi. He was questioned by the deponent who came to the conclusion that the petitioner was guilty of an offence punishable under the Foreign Exchange Regulation Act, 1973 (contravention of Section 8 (1 ). T



















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