Information companylected in the companyrse of inquiry disclosed that a number of persons were engaged in the criminal activities and were operating through five Indian firms and a number of foreign firms in Hong Kong and Singapore.
Both the cases are being disposed of by this judgment.
In January 1987, on receipt of a companyfidential information by the Directorate of Enforcement, Delhi Zone, New Delhi, that a group of persons were engaged in illegal activities causing remittances of large amounts of money to foreign companyntries, an inquiry was instituted.
The Writ Petition No.
In this background the impugned order of detention was passed and served on him.
830 of 1987 was filed before this Court on 9 11 1987.
He was formally arrested the next day and was produced before the Additional Chief Metropolitan Magistrate, New Delhi, who remanded him to judicial custody till 13 4 1987.
The Judgment of the Court was delivered by SHARMA, J. The petitioner has challenged his order of detention made under Section 3 1 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 hereinafter referred to as the COFEPOSA .
From the Judgment and Order dated 29.10.1987 of the Delhi High Court in Criminal Writ Petition No.
It appeared that the remittances were ostensibly made for import of certain goods on the basis of forged documents and actually goods were number received from outside.
The application for bail by the petitioner which had already been filed was actually allowed the same day, i.e. on 13 4 1987.
219 of 1987.
After his representation against the detention order was rejected, the petitioner moved the Delhi High Court for a writ of habeas companypus which was dismissed by the order dated 29 10 1987 challenged in the special leave petition.
CRIMINAL APPELLATE JURISDICTION Special Leave Petition Criminal No.
Kapil Sibal, Pinaki Mishra, Ms. Bina Gupta and Atul Tewari for the Petitioner.
He filed an application under Article 226 of the Constitution before the Delhi High Court, being Writ Petition No.
Kuldip Singh, Additional Solicitor General, V.C. Mahajan, C.V. Subba Rao, Ms. A. Subhashini, Hemant Sharma and Arun Madan for the Respondents.
Sita Ram Aggarwal, the aforesaid associate of the petitioner was in the meantime enlarged on interim bail which wasextended after expiry of the initial period, and, according to the case of the respondents, the detaining authority apprehended that the petitioner also was likely to be released on bail on 13 4 1987.
830 of 1987.
219 of 1987, which was dismissed by the judgment dated 29 10 1987 impugned in the S.L.P. Crl.
He has also filed an application directly before this Court under Article 32 of the Constitution which has been registered as Criminal Writ Petition No.
3115 of 1987.
The petitioner was apprehended in a hotel in Calcutta on 2 4 1987 and on being questioned, made certain statements.
3115 of 1987.
On 20 2 1987, one Sita Ram Aggarwal, associate of the petitioner, disclosed during his interrogation, facts which indicated that the petitioner was the main person directing the illegal activities.
