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2020 (2) TMI 627

..... hority as the alleged illegal activity had been committed between January, 2014 and July, 2015 while the impugned order had been passed on 2nd August, 2019 - HELD THAT:- This Court finds that the impugned detention order is based upon an alleged admission by the petitioner that he had financed smuggling of 185 Kgs. of gold valued at ₹ 52.35 crores between January, 2014 and July, 2015. Relian .....

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..... ough: Mr. P.S. Narsimha, Sr. Advocate with Mr. Abhishek Singh, Advocate. Respondents Through: Mr. Anil Soni, CGSC with Ms. Nidhi Raman, G.P. for R-1 and 2. J U D G M E N T MANMOHAN, J:- (Oral) 1. Present writ petition has been filed challenging the detention order dated 2nd August, 2019 bearing F. No. PD-12002/18/2019-COFEPOSA. 2. Mr. P.S. Narsimha, learned senior counsel for the petitioner submit .....

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..... detention order. The aforesaid order dated 27th January, 2020 passed by the Supreme Court is reproduced hereinbelow:- The petitioner has knocked at the doors of this Court under Article 32 of the Constitution of India challenging an order dated 15.11.2019 made under the COFEPOSA Act, 1974. In the grounds of detention it is clearly stated that the petitioner appears to be part of a ring of smuggler .....

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..... s and smuggled about 185 Kgs. of gold valued at ₹ 52.35 crores. 5. He submits that the satisfaction of the detaining authority is subjective in nature and the Court cannot interfere with the order of detention by substituting its opinion for the subjective satisfaction of the Detaining Authority. In support of his submission, he relies upon the judgment of the Apex Court in Union of India an .....

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..... od from January, 2014 to July, 2015, 185 kgs of Gold valued at ₹ 52.35 crores was smuggled into india which was financed by you and Shri Jitendra Rokad and that they had received their share of the profits from the sale of the smuggled gold. These facts were also confirmed by Shri Jitendra Rokad in his statement recorded on 29.06.2019. (emphasis supplied) 7. Keeping in view the aforesaid gro .....

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