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2015 Supreme(Del) 4088

KAILASH GAMBHIR, P.S.TEJI
Bhawani Verma – Appellant
Versus
UOI – Respondent


For the Petitioner:Mr. Pradeep Jain, Mr. Vikas Sareen, Mr. Ashish Batra & Mr. Navneet Panwar, Advocates.
For the Respondent:Mr. S.K. Dubey, Mr. Jasmeet Singh, CGSC, Ms. Aastha & Ms. Shreya Sinha, Advocates.

JUDGMENT :

P.S.Teji, J.:--

1. The petitioner has preferred the present writ petition under Article 226 of the Constitution of India to seek a writ in the nature of Certiorari to quash the detention order bearing F.No. 673/13/2015-Cus. VIII dated 27.04.2015 passed under Section 3(1)(i) and 3(1)(iii) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter mentioned as ‘COFEPOSA’) against Sh. Deepak Verma (detenue) the petitioner’s husband and a direction to set at liberty the detenue from detention.

2. Vide impugned detention order dated 27.04.2015, detenue namely Deepak Verma was ordered by the respondent No. 2, the Joint Secretary to the Government of India, to be detained and kept in custody in Central Jail, Tihar, New Delhi with a view to prevent him from smuggling of goods, transportation and concealment of the smuggled goods in future.

3. The facts giving rise to the present writ petition are that an information was received by the Directorate of Revenue Intelligence (DRI) that one syndicate was involved in illegal storage and illegal export of ‘Red Sanders woods’ (Pterocarpus Santalinus) which is a prohibited item for export under the








































































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