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2017 Supreme(Del) 1842

SIDDHARTH MRIDUL, MUKTA GUPTA
SANDHYA JAIN – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
For the Petitioner: Mr. Ramakant Gaur, Mr. J.P. Singh, Ms. Amrita Joshi
For the Respondents: Mr. Sanjeev Narula, with Mr. Anshuman Upadhyay, Mr. Vineet Sharma for Mr. Satish Aggarwala

JUDGMENT :

MUKTA GUPTA, J.

1. In this writ petition under Article 226 of the Constitution of India, the challenge is to the order of detention dated 10th October, 2016 passed by the Joint Secretary to Government of India against husband of the petitioner i.e. Narender Kumar Jain directing his detention under Section 3(1) of the Conservation of Foreign Exchange & Prevention of Smuggling Activities Act, 1974 (in short ‘the COFEPOSA Act’). The detention order dated 10th October, 2016 was served on the petitioner’s husband on the same day followed by the grounds of detention and relied upon documents served on 11th October, 2016.

2. Briefly the facts set out in the grounds of detention on the basis of which the detention order dated 10th October, 2016 has been passed are:

2.1 Upon receipt of a specific intelligence, the Delhi Zonal Unit (DZU) of the Directorate of Revenue Intelligence (DRI) seized 60 gold bars weighing 9955.2 grams at CELEBI warehouse, Domestic Terminal, Air Cargo Complex, New Delhi on 1st/2nd September, 2016 from one Sartaj vide Panchnama dated 1st/2nd September, 2016













































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