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1994 Supreme(Raj) 491

J.R.CHOPRA, R.P.YADAV
ANWAR SINGH – Appellant
Versus
STATE OF RAJASTHAN – Respondent


Advocates Appeared:
J.P.JOSHI, R.K.Purohit, S.S.BHANDAWAT

Judgment


J. R. CHOPRA, J.

( 1 ) THIS Habeas Corpus petition has been filed by Anwar Singh, against his detention order Annx. 1 dated 17th June, 1993, whereby he has been ordered to be deta. ined for a period of one year, on account of his involvement in smuggling activities, under the Conservation of Foreign Exchangc and Prevention of Smuggling Activities Act, 1974 (COFEPOSA), under subsection (1) of Section 3 of the aforesaid Act.

( 2 ) ANNEXURE 1 dated 17. 6. 1993 and Annexure 2 dated 17. 6. 1993, alongwith its enclosures, were issued in exercise of powers conferred on the Principal Secretary, Home Department, under Sec. 3 (1) of the Act of 1974 (COFEPOSA ).

( 3 ) THE detention has been challenged on the following grounds: a) It is alleged that the detention order was passed on 17. 6. 1993. On 29. 3. 1994, the petitioner was detained in a case under the Narcotics Drugs and Psychotropic Substances Act. The detention order, which was passed on 17. 6. 1993, was served on the petitioner on 29. 4. 1994, that is nearly ten months after passing of the detention order, although the petitioner was always available for the service of the detention order. The grounds for detention, allege





















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