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1997 Supreme(Raj) 907

G.L.GUPTA, S.C.MITAL
Bhanwar Lal – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
V.D. Kalla, for Petitioner J.P. Joshi, for Respondents

Honble GUPTA, J. – This habeas corpus petition has been preferred by Bhanwarlal against whom an order under Sec. 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (to be hereinafter referred to as the COFEPOSA Act) has been issued on 17.10.96 by the Joint Secretary to the Govt. of India directing his detention in Central Prison, Bombay. The impug- ned order has not been served on the petitioner. He has invoked jurisdiction of this Court on the facts that he is a permanent resident of village Dhansa in Distt. Jalore and also in possession of agricultural land and that his shop is situate in the village Dhansa within the territorial jurisdiction of this Court. It has been stated that on 10.11.95, the officers of the Enforcement Directorate searched the business premi- ses and residential premises of the petitioner at Bombay in his absence and his nephew was taken in custody and after employing third degree methods statement of his nephew was recorded. When the petitioner reached Bombay, he approached the Enforcement Directorate and complained against the officers for employing third degree methods against his nephew. Thereafter the impugned


























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