B. N. Kirpal, J. (Oral)

( 1 ) BY our order dated 9th January, 1980 we had accepted the hebeas corpus petition filed by the wife of the detenu Shri Shyam Kishan Sharma and ordered his release from custody. In the said order we had indicated that the reasons For our decision would be given subsequently. The reasons for allowing the writ petition and ordering release of the detenu are given hereinafter.

( 2 ). According to the petitioner the premises of the detenu were raided on 5th August, 19 79 by the Customs Officer. This raid was organised after a large number of watches had been seized at the Palam Airport on 4th August, 1979 nothing incriminating was recovered except that some trade goods like cosmetics, whisky, camera, fabrics etc. of foreign origin valued at Rs. 8,500. 00 were recovered and seized. At about 12 noon on 5-8-79 the detenu was taken into custody. An application for bail was filed on 6-8-79 and the detenu was ordered to be released on bail 31-8-79. On 23rd September, 1979 the detenu was served with an order of detention dated 22nd September, 1979. The detenu was taken into custody and sent to Central Jail, Tihar, New Delhi. This order of detention was passed under S

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