KUNDAN LAL CHHABRA Vs. ADMINISTRATOR
HIGH COURT OF DELHI
KUNDAN LAL CHHABRA
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B.N.Kirpal, J. -
(1.)This is a petition under Article 226 of the Constitution of India for writ of habeas corpus for quashing the detention order dated October 1, 1982, passed by the Administrator of the Union Territory of Delhi against the petitioner, under section 3 (1) read with Section 2 (f) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1972, hereinafter referred to as the COFEPOSA.
(2.)The Petitioner was served with the aforesaid order dated October 1, 1983, which order reads as under. -
No. F. 5/34/83-Home (P-IT)
HOME (POLICE-IT) DEPARTMENT
5, Sham Nath Marg, Delhi-110054.
Dated the 1.10.1983.
Whereas, the Administrator of the Union Territory of Delhi is satisfied with respect of the person known as Shri Kundan Lal Chhabra, Sb Shri Bodh Raj R/o B-3/5A, DDA Flats, Lawrence Road, Delhi, that with a view to preventing him from abetting the smuggling of goods and concealing and keeping smuggled goods and also preventing him from dealing in smuggled goods viz, gold and foreign currency i.e. U.S. Dollars, it is necessary to make the following order:
Now, therefore, in exercise of the powers conferred by Section 3(1) read with Section 2(f) of the
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, the
Administrator of the Union Territory of Delhi hereby directs that the said Shri Kundan Lal. Chhabra
be detained in custody in Central Jail, Tihar, New Delhi.
By order and in the name of the
Administrator of the Union Territory of Delhi.
Sd/ (R RAGHURAMAN)
Deputy Secretary (Home) Delhi.
Shri Kundan Lal Chhabra, S/c Shri Bodh Raj,
R/o B-3/5A, DDA Flats, Lawrence Road, Delhi.
(3.)The grounds of detention were served on the petitioner along with the documents, which were
enclosed therewith. In the grounds of detention, reference was made to the statement of the petitioner which had been recorded by the customs authorities on the 29th June, 1982. One of the documents, which was annexed along with the grounds of detention, was a copy of the said statement. Two other documents, which were annexed thereto and which were referred to in the grounds of detention, were copies of the two bail applications filed by the petitioner in the court of the Metropolitan Magistrate, Delhi.
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