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1992 Supreme(Raj) 640

M.B.SHARMA, V.K.SINGHAL
Gyan Chand Jain : Dwarka Prasadsoni – Appellant
Versus
State of Rajasthan – Respondent


JUDGMENT

1. - We will dispose of the above numbered two habeas corpus petitions by this common order as most of the grounds on which the detention orders have been challenged are common in both these cases. First of all we will give few facts in respect of each of the cases and then we will enumerate the grounds on which the detention orders have been challenged and thereafter we will proceed to deal with each of the grounds.Facts in Respect of D.B. Habeas Corpus Petition No. 1194/1992 Gyan Chand Jain v. State of Rajasthan and Others .

2. Gyan Chand Jain, the petitioner, is father of detenue Sunil Longiya. The Customs Officers acting on prior information on July 17, 1991, at about 8.30 a.m. intercepted Sunil Longiya, who was then riding on a Priya Scooter No. RNV 7660, at Sabji Ma ndi, Janta Bazar, Kanwar Nagar, Jaipur. When the scooter which the detenue was riding, was caught from its back, the detenue had fallen from it and tried to made an attempt to run away, but he was caught by the Customs Officers. The detenue made an attempt to release himself, grappled with the customs authorities who received injuries in the presence of two witnesses. The detenue who disclosed his name as






























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