1982 (5) TMI 185

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.... Kumar Jain was engaged in illegal foreign exchange operations under the guidance of his father Manak Chand Jain and his brother Suresh Kumar Jain. On February 23, 1982, he was apprehended and his person was searched. Some items of foreign currency were seized. On the information given by him, Room No. 12-A, Regal Hotel, Chandni Chowk, Delhi was searched. More items of foreign currency were recove....

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....;s handwriting. In the other two notebooks also were found accounts of several other foreign exchange transactions in which Ashok Narain had apparently engaged himself. Ashok Narain was interrogated and a statement was recorded from him. He was arrested under Section 35 of the Foreign Exchange Regulation Act. Initially he was remanded to the custody of the Enforcement Directorate and later to judi....

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.... that the detenu was likely to engage himself in any activity prejudicial to the 'augmentation of foreign exchange'. We are enable to agree with Shri Kacker. Shri Kacker was fair enough to concede that the question whether or not a prosecution was launched on the basis of the available material was really irrelevant in considering the question of the validity of the order of detention. He ....