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2006 Supreme(Del) 1154

R.S.SODHI, P.K.BHASIN
MEENAKSHI AGARWAL – Appellant
Versus
UOI – Respondent


Advocates Appeared:
BHAGWAN SHARMA, CHETNA ANAND, HARISH GULATI, HARJINDER SINGH, Piyush Kumar, R.K.Anand, Shivani Lal


R. S. SODHI, J.

( 1 ) THE W. P. (Crl.) No. 2183/2005 seeks to challenge the order of detention dated 9th March, 2004 of the Joint Secretary, Government of India in exercise of his powers under Section 3 (1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (as amended) detaining the petitioner's husband (detenu) in Central Jail, Tihar on account of preventing him from smuggling goods in future.

( 2 ) THE facts of the case as stated in the counter affidavit are as follows:"the main case based on which issuance of Detention Order against Shri sushant Agrawal was proposed is in respect of diversion of goods imported under an Advance Licence issued under DEEC scheme to m/s. Lakshay Exports (Intl.), New Delhi. The case investigated by the dri is based on specific information that fabrics imported duty free under an Advance Licence (No. 0510078414 dated 17. 1. 2003) issued to M/s. Lakshay Exports (Intl.), New Delhi, under DEEC Scheme has been diverted to be local market by Shri Sushant Agrawal. Searches were conducted at various premises and incriminating documents were resumed. Goods imported duty free under the impugned licence and sold in the l













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