2009 (7) TMI 1326

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....Mr. Suvir Sehgal, Addl. A.G.Punjab, Mr. P.S.Thiara, Advocate, for the respondent JUDGEMENT ADARSH KUMAR GOEL, J. (Oral) 1. The appellant is aggrieved by order of the learned Single Judge dismissing the writ petition against the order of detention dated 5.3.2004 under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 ( for short, "the Act....

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....wherein he was said to have admitted his role in the racket. Notice was issued to the petitioner proposing to arrest him. Thereafter, the matter of preventive detention of the petitioner was taken up on a proposal from the DRI. The petitioner was arrested by the custom officials on 30.9.2003 and was produced before the Court of Additional Chief Metropolitan Magistrate, Ahmedabad. Thereafter, the i....

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....eld in Mrs.Arvind Shergill v. Union of India 1999(4) R.C.R. (Crl.) 781. It was further held that in absence of order dated 5.3.2004 and any material to indicate as to what happened after 4.6.2004, when the petitioner was declared a proclaimed offender, it was improper to quash the order which was not on record. Reliance was placed on the judgment of the Supreme Court in Surrender Singh v. Central ....

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.... of Punjab and others), wherein following the judgments of the Hon'ble Supreme Court in Rajinder Arora V. Union of India [2006] 4 SCC 796, order of detention was quashed. Reliance has also been made on the judgment of the Hon'ble Suprme Court in Alpesh Navinchandra Shah v. State of Maharashtra (SC) 2007(2) R.C.R.(Crl.) 180. Reliance has also been placed on the judgment of this Court in Adi....