1988 (8) TMI 277

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

...., P.P., for Respondents. [Oral Judgment per: Pendse, J.].  - The Joint Secretary to the Government of India by order dated April 28, 1988 passed in exercise of powers conferred by sub-section (1) of Section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, directed detention of Kishanlal Nemichandji Jain with a view to preventing him from acting....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....came to the residential premises and on their person substantial foreign exchange was found. Kishinchand had with him 11,420 United States Dollars, 874 Kuwait Dinars, 3000 United Arab Dhirals and Rs. 1600/- in Indian currency, while Bharat had with him 150 Behrain Dinars, 100 United States Dollars, 500 Qatar Riyals and 7450 United Arab Emirates Dhirals. The statements of the detenu and Kishinchand....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....r was not placed before the detaining authority and that has vitiated the exercise of powers under the Act. The learned counsel also urged that the representation made by the detenu to the Central Government and the detaining authority was not disposed of expeditiously. In our judgment, the first submission of the learned counsel is correct and deserves acceptance, and therefore, it is not necessa....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....de interim bail application before the Magistrate and in that application it was specifically stated that Kishinchand and Bharat had retracted their statements. Indeed the statement retracting the statements recorded by the Enforcement Directorate was filed in open Court and it is futile for the Enforcement authority to claim that they were not aware of the same. The fact that statements were retr....