S.MURALIDHAR, VINOD GOEL
Sanjay Agarwal – Appellant
Versus
Union of India – Respondent
S. Muralidhar, J.
Introduction
1. These are two writ petitions under Article 226 of the Constitution of India seeking the quashing of orders of preventive detention dated 1st June 2018 passed by the Joint Secretary, Government of India in the COFEPOSA Unit of the Central Economic Intelligence Bureau, Department of Revenue, Ministry of Finance, Government of India in exercise of the powers conferred under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Act 1974 (‘COFEPOSA’). In both instances, the impugned orders are identically worded inasmuch as each of them states that the concerned Joint Secretary who issued the order is satisfied that each of the Petitioners is required to be prevented from “smuggling goods, abetting the smuggling of goods, or engaging in transporting, or concealing or keeping smuggled goods or dealing in smuggled goods in future”.
2. In W.P. (Crl) No. 1971 of 2018, the Petitioner is Mr. Sanjay Agarwal and in W.P. (Crl) No. 1977 of 2018, the Petitioner is Mr. Ajay Agarwal, the brother of Mr. Sanjay Agarwal.
3. It must be noted at the outset that identical detention orders were passed against the above two Petitioners as we
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