JUDGMENT

P. Sathasivam, J.—

1. Leave granted.

2. This appeal is directed against the judgment dated 05.09.2008 passed by the High Court of Delhi in W.P. (Crl.) No. 782 of 2008 which was filed by Pooja Batra wife of Deepak Kumar @ Deepak Batra detained under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as “the COFEPOSA Act”) praying for issuance of a writ of Habeas Corpus to release the detenu i.e. her husband from detention. The High Court, by the said judgment, dismissed the writ petition with costs of Rs.50,000/- on her and directed the department to initiate criminal proceedings against the detenu under Sections 199, 420, 468 and 471 of the Indian Penal Code in exercise of its power under Section 482 of the Code of Criminal Procedure.

3. The case of the department is as follows:

(a) The Detaining Authority has issued the detention order dated 05.12.2007 against Shri Deepak Kumar @ Deepak Batra, the husband of the appellant herein on the basis of the facts and documents put up before them and after satisfying with the facts on records that the detenu has propensity and potentiality to indulge in smuggling activiti