HARISH TANEJA Vs. UNION OF INDIA
HIGH COURT OF DELHI
UNION OF INDIA
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Charanjit Talwar, J. -
(1.)After hearing the learned counsel for the parties today we quashed the impugned detention order dated 30th March, 1983, and while making the rule absolute directed that the petitioner, Harish Taneja, be set at liberty forthwith unless required to be detained under another valid order passed by a Court or an authority. We had stated that we would give our reasons later which we do presently.
(2.)To appreciate the contentions of the counsel for the parties it is necessary to notice a few facts.
(3.)On 4th October, 1982, the petitioner on disembarkation at Bombay airport was arrested under Section 104 of the Customs Act. He was produced before an Additional Chief Metropolitan Magistrate on 5th October, 1982, and was remanded to judicial custody from time to time. He was released on bail on 10th November, 1982. On 23rd March, 1983, anotice was issued to the petitioner by the Assistant Collector of Customs, Bombay, asking him to show cause as to why goods and currency seized from him should not be confiscated and action under Sections 111, 112,113, 114,121 and 118(1) of the Customs Act, 1962, be not taken against him. Thereafter with a view to preventing the petitioner from smuggling goods and abetting the smuggling of goods the impugned order was passed. The petitioner was taken into custody and lodged in jail at Bombay.
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