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SIDDHARTH MRIDUL, ANUP JAIRAM BHAMBHANI
Amit Pal Singh – Appellant
Versus
Joint Secretary Cofeposa – Respondent
JUDGMENT
Siddharth Mridul, J. - These two writ petitions under Article 226 of the Constitution of India, essentially in the nature of writ of habeas corpus, have been instituted on behalf of Gopal Gupta, the petitioner in W.P.(CRL.) 1829/2020 and Amit Pal Singh, the petitioner in W.P.(CRL.) 1830/2020 (hereinafter collectively referred to as the 'detenu'), praying for quashing of detention orders bearing No. PD-12001/01/2020-COFEPOSA and PD-12001/02/2020-COFEPOSA respectively, both dated 21.01.2020, and for further directions that the detenu be set at liberty forthwith.
FACTS OF THE CASE:-
2. The relevant facts qua the detenus, as are necessary for the adjudication of the subject writ petitions are briefly encapsulated as follows: -
i) Both the detenus are statedly employees of a company namely, M/s. Its My Name Private Limited (hereinafter referred to as 'IMNPL').
ii) IMNPL is a government recognized three star export house, engaged in the business of manufacturing, import and export of gold jewellery and other allied bullion items.
iii) IMNPL has been duly issued an Import Export Code (IEC) bearing No.0514037342 from the office of the Joint Director, Directorate General of Foreign Trad
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....
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....
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.
Preventive detention orders must strictly comply with procedural safeguards, including timely communication of grounds and consideration of representations; non-compliance renders detention invalid.
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....
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