DARSHAN LAL Vs. UNION OF INDIA

JUDGEMENT

(1.) By this petition, under Art.226 of the Constitution the petitioner Darshan LaL Sehgal has challenged the legality and validity of the order of detention dt.25th April 1985 passed against him by Shri K.K. Dwivedi, Joint Secretary to the Government of India, under S.3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. The detention order was passed with a view to preventing the petitioner from acting in any manner prejudicial to the augmentation of the foreign exchange.

(2.) The Enforcement Directorate received secret information that the petitioner was indulging in unauthorised sale and purchase of foreign exchange at a large scale under the cover of having money changer licence at village Mehram Nagar, opposite Palam Airport, New Delhi. The information further was that the petitioner was buying foreign exchange from various passengers and porters at the Airport and selling the same on a premium to different persons.

(3.) On the above information, a search was conducted on 14th Feb., 1985 at the business premises at 8/10, Mehram Nagar, opposite Palam Airport, New Delhi, and residential premises at G-73, Bali Nagar, Delhi. As a result of the search of the business premises the following foreign currency and Indian currency were seized: