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2020 Supreme(SC) 232

UDAY UMESH LALIT, INDU MALHOTRA, HEMANT GUPTA
ANKIT ASHOK JALAN – Appellant
Versus
UNION OF IDNIA – Respondent


Advocates Appeared:
For the Appellant :Neeraj Kishan Kaur, Toshiv Goyal, Divyanshu Srivastava, Akash Lamba, Amit K. Nain, Advocates
For the Respondent:Kanu Agrawal, B. Krishna Prasad, Advocates

JUDGMENT

Uday Umesh Lalit. J.

This petition under Article 32 of the Constitution of India prays for quashing of the Detention Orders [Nos.PD-12001/34/2019-COFEPOSA and PD-12001/35/2019-COFEPOSA, both dated 01.07.2019, issued by the Respondent No.2 against Shri Ashok Kumar Jalan and Shri Amit Jalan respectively.] dated 01.07.2019 and for a direction that the detenues be set at liberty.

2. The facts leading to the filing of this petition, in brief, are as under:

(a) On 01.07.2019, Joint Secretary to the Government of India, specially empowered under Section 3(1) of the COFEPOSA Act [The Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974] passed the Detention Orders after being satisfied that with a view to prevent the detenues from smuggling goods, abetting the smuggling of goods, and dealing in smuggled goods otherwise than by engaging in transporting or concealing or keeping smuggled goods, in future, it was necessary to make the said Detentions Orders.

(b) The detenues were served with the Detention Orders, the grounds of detention and the relied upon documents on 02.07.2019. The grounds of detention, in para 12, recited as under:-

    "You...........have the


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