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1985 Supreme(All) 326

S.SAGHIR AHMAD, BRIJESH KUMAR
GANESH PRASAD KAPOOR – Appellant
Versus
STATE OF U. P. – Respondent


Advocates Appeared:
K.CHANDRA, Prashant Chandra, UMESH CHANDRA

S. SAGHIR AHMAD, J.


( 1 ) THE Petition under Art. 226 of the Constitution is directed against the order dt. 20th May, 1985 (Annexure-2) passed by the State Government under S. 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short the Act) under which the petitioner has been detained on the grounds contained in annexure-2.

( 2 ) ANNEXURES Nos. 3, 4, 5, 6 and 7, which form part of the grounds, were also supplied to the petitioner on 10th June, 1985 when the order was served upon him.

( 3 ) A representation was made by the petitioner against the above order of detention but it was rejected by the State Government.

( 4 ) THE grounds of detention recite that on 17th Jan. 1985 the custom authorities had interrogated Sri Anil Kumar Gupta in their Office and on a search of his person, 2350 U. S. Dollars, 2000 Saudi Arabian Rial and an amount of Rs. 7610/- were recovered and a recovery memo was prepared. Sri Anil Kumar Gupta in his statement gave out that he used to smuggle gold from Nepal and sell it to the petitioner. On 16-1-1985 at about 8. 00 a. m. he had brought gold rings weighing 25 tolas and had sold them through the agency of the pet














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