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SIDDHARTH MRIDUL, ANOOP KUMAR MENDIRATTA
ABHISHEK GUPTA – Appellant
Versus
UNION OF INDIA – Respondent
JUDGMENT :
ANOOP KUMAR MENDIRATTA, J.
1. By way of the present writ petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973, petitioner Abhishek Gupta, challenges Preventive Detention Order No. PD-12001/07/2019-COFEPOSA dated 26.03.2019 issued under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA Act) to detain the petitioner in custody for a period of one year. The petitioner also challenges the further order under Section 7(1)(b) of the COFEPOSA Act, 1974 issued on 21.05.2019 directing the petitioner to appear before the Commissioner of Police, NCT of Delhi within seven days of the publication of the order dated 21.05.2019 in the official gazette i.e. on or before 28.05.2019 but published in newspapers only on 11.07.2019.
2. Respondent No. 1 is the Union of India/Central Government which issued the impugned order under Section 7 of the COFEPSA Act, 1974 (hereinafter referred to as ‘the Act’) pursuant to impugned detention order under Section 3(1) of the A
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....
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....
Preventive detention orders must be executed promptly and in accordance with procedural requirements; unreasonable delays in execution can invalidate such orders.
The court's jurisdiction to review preventive detention orders pre-execution is limited, particularly when the proposed detenue is absconding, as allowing such challenges undermines the purpose of pr....
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....
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....
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