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2022 Supreme(Del) 62

SIDDHARTH MRIDUL, ANUP JAIRAM BHAMBHANI
Jasvinder Kaur – Appellant
Versus
Union of India through its Secretary – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. Arjun Dewan, Mr. Shahryar Khan.
For the Respondents: Mr. Dhruv Pande, Mr. Satish Kumar.

JUDGMENT :

ANUP JAIRAM BHAMBHANI, J.

1. The petitioner Jasvinder Kaur has filed the present writ petition under Article 226 of the Constitution of India read with section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeking a direction in the nature of habeas corpus for the production of her son Harmeet Singh, who the petitioner alleges, has been illegally detained by the respondents. After amendment of the array of party-respondents, the respondents in the proceedings are the Union of India, through its Secretary, Ministry of Finance, Department of Revenue (Central Economic Intelligence Bureau); Joint Secretary (COFEPOSA) and The Commissioner of Customs, Terminal-3, IGI Airport, New Delhi, which parties are hereinafter collectively referred to as the Ministry or the respondents.

2. The petitioner further seeks quashing of detention order bearing No. PD-12002/05/2020-COFEPOSA dated 05.06.2020 issued under section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA Act) by the Joint Secretary COFEPOSA (the “impugned detention order”) under which the petitioner’s son is in preventive detention with The Superintendent, Tihar Ja

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