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2008 Supreme(Del) 249

P.K.BHASIN, VIKRAMAJIT SEN
Shashi Goyal – Appellant
Versus
U. O. I. – Respondent


Advocates Appeared:
Vikram Chaudhuri with Akshay Anand and Ms. Sonam Nagrath, for Petitioner; P. P. Molhotra, ASG with Satish Aggarwal and Ms. Pooja Bhaskar, for Respondents.

Judgement

VIKRAMAJIT SEN, J. :- The petitioner, Shashi Goyal, has filed this petition for the annulment of the Detention Order bearing F. No. 673/07/2007-CUS-VIII dated 27-12-2007 issued by Ms. Rashida Hussain, Joint Secretary to the Government of India, in respect of her husband Shri Bhimendra Kumar Goyal. The Detention has been ordered "with a view to preventing him from smuggling goods in future". The Grounds of Detention narrate inter alia that the Detenu was arrested on 0200 hours on 29-10-2007 under Section 104 of the Customs Act, 1962 and on production in the Court of learned ACMM, Patiala House, New Delhi was lastly remanded to Judicial custody till 28-12-2007. It appears that predicated on the impugned order dated 27-12-2007 the Detenu was detained on that very day in Central Jail, Tihar, New Delhi. Inasmuch as the petitioner had been arrested on 29-10-2007 he would have been statutorily entitled to be enlarged on bail under Section 167(2) of the Code of Criminal Procedure, 1973 (Cr. P. C.) on the expiry of sixty days of his arrest since the maximum punishment awardable to him does not exceed seven years (Reference can usefully be made to Raj Kumar Aggarwal v. Director Gene

















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