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2016 (5) TMI 518 - SUPREME COURT

2016 (5) TMI 518 - SUPREME COURT - TMI - Preventive detention passed against the detenue [husband of the appellant herein] as well as few other persons - Held that:- It has come on record and noted in the order of detention that large sums of money were received in the said bank account which was opened in the name of the detenue and the money which was disbursed from this account amounted to ₹ 40.52 crores. It was further found by the detaining authority that the detenue was also one of t .....

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Adv. ORDER An order of preventive detention dated 25.11.2003 was passed against the detenue [husband of the appellant herein] as well as few other persons. This order which runs into more than 25 pages gives detailed account of the Hawala transactions which were carried out by a gang of some offenders and to facilitate such transactions aid of many persons including the detenue was taken. It is not necessary to set in detail the modus operandi which was adopted by those persons as the same is r .....

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endra Thakkar and V. Abdul Kareem for receiving funds in Indian Rupees in Mumbai and for transferring the same through various bank accounts to Kerala and Coimbatore, Shri K.P. Abdul Majeed employed Shri Nassar Ali Koya for monitoring the above operations in Mumbai. Shri Surendran and Shri V. Abdul Kareem in turn had employed various persons viz., yourself. S/Shri B. Nandakumar, G. Gunasekaran, Nadir Ismail Sheikh, Shakeel Gulam Dastagir Sheikh, M. Jayaprakash, P.V. Hamza, K.Nassar, Jaison J. Al .....

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i V. Abdul Kareem, and his associates either by transfer from fictitious bank accounts maintained by them in Mumbai or by cash Shri Suresh Kumar Jain of M/s. Sweety International (P) Limited, Mumbai had also made payments in cash and by bank pay orders to Shri Thakkar or his employees as per the directions of Shri Laxman Akani of Dubai, who in turn had received foreign exchange from Shri Asarulla Rakka Khan of Dubai. The total transactions thus carried out in the racket exceeded ₹ 600 cror .....

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of the foregoing, I have no hesitation in arriving at the conclusion that you had been engaging yourself in activities prejudicial to the augmentation and conservation of the foreign exchange resources of the country. Considering the nature and gravity of the offence, your role therein, the planned manner in which you had been indulging in such prejudicial activities, all of which reflect your high potentiality and propensity to continue to engage in such prejudicial activities in future, I am .....

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