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2022 Supreme(Del) 1770

SIDDHARTH MRIDUL, AMIT SHARMA
Ravi Chandra Mishra – Appellant
Versus
Union Of India – Respondent


Advocates appeared:
Mr. Shubhankar Jha, Advocate., for the Petitioner; Mr. Kirtiman Singh, CGSC for UOI alongwith Mr. Waize Ali Noor & Ms. Vidhi Jain, Advocates., for the Respondents

JUDGMENT

 Siddharth Mridul, J. - The present writ petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure 1973, has been instituted on behalf of Ravi Chandra Mishra (hereinafter referred to as 'the detenu'), praying for a direction in the nature of certiorari for quashing of the detention order bearing F.NO. PD-12001/19/2021-COFEPOSA, dated 28.12.2021, issued under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as 'COFEPOSA') against the petitioner/detenu; and for further directions that the detenu be set at liberty forthwith. At the outset, it would be pertinent to note that vide common judgment dated 02.05.2022, in the case titled Zakir Khan vs. Union of India & Ors., reported as 2022 SCC OnLine Del 1284, this Court quashed and set aside detention orders issued against the co-detenus therein.

FACTS OF THE CASE:-

2. The relevant facts qua the detenu, as are necessary for the adjudication of the subject writ petition are briefly encapsulated as follows: -

2.1. The detenu is engaged in his profession as a Customs House Agent ('CHA') and has been handlin

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