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1984 Supreme(Guj) 238

N.H.BHATT, R.A.MEHTA
VIJAY CHAMPAKLAL SHAH – Appellant
Versus
ADD. SECRETARY TO THE GOVERNMENT OF INDIA – Respondent


Advocates Appeared: MAHENDRA C.KAPADIA, S.R.SHAH

N. H. BHATT, J.

( 1 ) THIS is a petition under Article 226 of the Constitution of India for a writ of Habeas Corpus seeking quashing of the detention order of the petitioner one Vijay. This matter was heard almost for the full day yesterday and to us it appealed that Mr. Kapadia the learned counsel had finished his arguments to a substantial extent if not wholly. Today even at 11. 15 A. M. Mr. Kapadia is not present and therefore we are constrained to proceed to dictating our judgment.

( 2 ) THE detention order Annexure A dated 28-6-84 has been passed by the Additional Secretary to the Government of India who ordered to detain the petitioner with a view to preventing him from dealing in smuggled goods other. wise than by engaging in transporting or concealing or keeping smuggled goods. The grounds of detention hearing the same date are to be found at Annexure B It was alleged in the grounds that on information received on 23-7-83 from the Collector of Customs Ahmedabad the Customs Officers of Surat had kept a watch near the residential premises of this petitioner between 3. 00 A. M. and 4 A. M. on 24-7-83. There alighted from the rickshaw at that time a person carrying a rexin bag i















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