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2014 Supreme(P&H) 272

M.JEYAPAUL
Sat Pal Jain – Appellant
Versus
Joint Secretary to the Govt. of India, (Detaining Authority) – Respondent


For the Petitioners:Mr. Vikram K. Chaudhri, Sr. Advocate with Ms. Ishu Goyal, Advocate.
For the Respondent-UOI:Mr. Anmol Rattan Sidhu, Sr. Advocate, Asstt. Solicitor General of India, with Mr. S.S. Sandhu and Mr. Sunish Bindlish, Advocates.
Mr. Jai Narain, DAG Haryana.

JUDGMENT

Mr. M. Jeyapaul, J:- In the instant writ petition filed under Article 226 of the Constitution of India, the petitioners, namely, Sat Pal Jain and Bimal Kumar Jain, who are brothers had initially sought for quashing of the unexecuted orders of detention bearing F. No. 673/09/2010-CUS.VIII dated 2nd June, 2010 and F. No. 673/10/2010-CUS.VIII dated 2nd June, 2010 (Annexure P-17) (Colly) passed under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (in short, COFEPOSA Act) by the 1st respondent. However, vide order dated 28.2.2014, this Court rejected the prayer for interfering with the orders of detention even before its execution as not maintainable and misconceived. Petitioners were compelled to surrender to the detention order to show their bona-fides. Only after surrender to the detention orders, was the main petition taken up for its consideration on merits.

2. The facts leading to the filing of the instant petition are that upon receipt of an information by the Directorate of Enforcement, New Delhi, an organized Syndicate headed by Naresh Kumar Jain was continuously and actively involved in illegal foreign trade trans










































































































































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