Back
VIPIN SANGHI, RAJNISH BHATNAGAR
Harmeet Singh – Appellant
Versus
Union of India – Respondent
JUDGMENT :
Vipin Sanghi, J.
1. The petitioner has preferred the present writ petition to assail the Detention Order bearing No. PD-12002/05/20-COFEPOSA dated 05.06.2020 (hereinafter referred to as the "Detention Order") issued against the petitioner by Respondent No. 2-Joint Secretary, COFEPOSA, Government of India under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as "COFEPOSA ACT"). The Respondent Authorities have not been able to execute the Detention Order prior to, and even after filing of the present writ petition. The Petitioner has, thus, not yet been served with either the Detention Order, or the Grounds of Detention, or the Relied upon Documents.
Brief Factual Matrix
2. On the night of 1st February, 2019, on the basis of certain specific intelligence that items, such as drones, gold and cigarettes would be smuggled in commercial quantities, one Mr. Gaganjot Singh and one Mr. Gurpreet Singh were interrupted at the IGI Airport upon their arrival from overseas. Contraband items such as drones, foreign branded cigarettes etc were recovered from both of them. On being questioned about the items, Mr.
The court reaffirmed that unexplained delays in preventive detention orders can sever the essential link between the alleged activities and the need for detention.
Illegally smuggling of gold - Detention order confirmed - Interim order not to execute order of detention was obtained and lapse of time live link was snapped - No live link between prejudicial activ....
Unexplained delays in executing detention orders undermine their validity, establishing the need for a timely link between grounds for detention and execution.
Quash of Detention order - Delay in passing detention order - There is nothing in Section 3 of COFEPOSA or in scheme of Act, which suggests that the especially empowered officer must act only on rece....
Quash of Detention order - Delay in passing detention order - There is nothing in Section 3 of COFEPOSA or in scheme of Act, which suggests that the especially empowered officer must act only on rece....
The Detaining Authority must act independently and with an open mind, and should not prejudge the issue even before considering the materials produced before him by the sponsoring authority. There sh....
Section 7 of the COFEPOSA Act may be beneficially quoted - Powers in relation to absconding persons If the appropriate Government has reason to believe that a person in respect of whom a detention or....
Action under Section 7 of COFEPOSA Act is not mandatory, failure to take action under section gives scope for doubt regarding assertion that detenu had absconded or concealed himself to avoid arrest.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
