9911796707
TMI Blog1989 (7) TMI 124X X X X Extracts X X X X X X X X Extracts X X X X ..... oreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short COFEPOSA hereafter) do not constitute any warrant for interference of this Court under Article 226(2) of the Constitution of India. 2. The basic facts are that the petitioner is a permanent resident of Bombay having residential Flat situated at Jailji Mansion, First Floor, 41, Mery Weather Road, Bombay - 39. The petition ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ure of the said brown substance was made by the Officers under the provisions of the Customs Act, 1962 and Narcotic Drugs and Psychotropic Substance Act, 1988. 4. On July 9, 1987 the petitioner along with two other persons namely, Pranlal Bhaichand Timbodia and Dayaram Khata Thakkar @ Shiba were produced before the Additional Chief Metropolitan Magistrate, Esplanade, Bombay along with a Remand A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rt the manner in which the petitioner has been assaulted by Mr. Ahmedabadi and Mr. Patel, officers of the Directorate of Revenue Intelligence. 5. On July 31, 1987 the prayer for bail made on behalf of the petitioner was considered and the petitioner was enlarged on bail on certain conditions which are quoted below :- "I order that accused persons be released on bail. Each accused be released o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... On a careful analysis of the pros and cons of the matter, I am of the view that after relying on the decision in case of Kalyan Kumar Thavarchand Shah this Court has no jurisdiction to entertain this application under Article 226(2) of the Constitution of India and accordingly, the writ application is dismissed. All interim orders if they granted by this Court, are dissolved. 9. Mr. P.M. Razack ..... X X X X Extracts X X X X X X X X Extracts X X X X
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