TMI Blog1990 (6) TMI 80X X X X Extracts X X X X X X X X Extracts X X X X ..... he petitioner has filed this petition under Article 226 of the Constitution of India challenging the legality and validity as also correctness of the detention order dated 22nd February 1990 issued by the 4th Respondent in exercise of powers under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (No. 52 of 1974). The impugned order was served up ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the aluminium rack was used for keeping toilet requisites. It is needless to refer to the various stages of investigation as reflected in the grounds of detention. Suffice it to say that the seizure resulted into recovery of 240 gold bars totally weighing about 27.984 Gms. and were valued at Rs. 56,52,768 I.M.V. and Rs. 91,50,768/- L.M.V. 3. From the index of the documents it appears that the i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... there was no need whatsoever to wait until the show cause notice dated 7th November 1989 under the Customs Act was issued by the Customs department. The counsel urged that if the activities of the detenu were found to be prejudicial under the COFEPOSA Act and if the detaining authority was subjectively satisfied that the detenu should be prevented from repeating such prejudicial activities under ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ority is thus sham and not genuine. The counsel finally urged that the impugned order of detention must be struck down on this short ground alone. These contentions are found in paragraphs 5(i), (ii) and (iii) of this petition. 5. The detaining authority has filed its affidavit in reply to this petition. The reply to this averment contains in paragraphs 5, 6 and 7 of the said affidavit. Reading ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e satisfaction of the detaining authority as regards the preventive action sought to be taken against the detenu. In the result petition succeeds. Rule is made absolute. The impugned order of detention dated 22nd February 1990 passed against the detenu is quashed and set aside. The detenu be set at liberty forthwith, if not required in any other case. No order as to costs. - - TaxTMI - TM ..... X X X X Extracts X X X X X X X X Extracts X X X X
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