M.WAHAJUDDIN, M.N.SHUKLA
CHHOG SINGH – Appellant
Versus
STATE OF U. P. – Respondent
M. N. Shukla, J. :- By this Habeas Corpus petition filed by the Petitioner on behalf of one Shyam Singh, the latter's detention under S.3 (1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) by an order dated 2-3-1982 passed by Sri R. P. Sinha, Joint Secretary, Home Department (Confidential), Uttar Pradesh Shasan has been challenged. The material facts on which the grounds of detention have been based may be 'briefly' stated. On 19-2-1982 a Jonga (vehicle) was stopped at Sharda Nagar Toll Tax Barrier which was being driven by another man while the detenu was Accompanying him. The other man, who claimed to be an Engineer and whose name the detenu allegedly disclosed to be Pashpati Nath Agarwal, escaped during the search. As a result of the search foreign goods worth Rs. 3,65,976.00 were recovered from the secret chambers in the Jonga. The detenu was taken into custody and has been in detention since then. The order of detention was passed later on the date already mentioned.
2. An order under S.3 (1) of COFEPOSA can be passed on the satisfaction, inter alia, of the Government with respect to any person. with a view to preve
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