A.G.QURESHI, Y.B.SURYAVANSHI
MUKESH KUMAR JAIN – Appellant
Versus
UNION OF INDIA – Respondent
( 1 ) THE petitioner Mukesh Kumar Jain has filed this petition under Art. 226 of the Constitution for issuance of a writ of mandamus, prohibition or any appropriate writ or direction challenging the order of respondent No. 1 passed in exercise of powers under S. 3 (1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 for detention of the petitioner.
( 2 ) ACCORDING to the petitioner he owns the business of refining silver in the name and style of Suhel Metal Industry at Sanwar Road, Indore. He has also a shop at 54/3, Bada Sarafa, Indore. He resides with his father, but their business is independent of each other. The respondent No. 1 has passed an order in exercise of the powers under S. 3 (1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter called COFEPOSA Act) whereby it was directed that the petitioner be detained and kept in the Central Prison, Indore. The order has been passed concurrently with the order of detention passed against the father of the petitioner and one Ramkumar Agrawal, who were detained in pursuance of the order passed against them and released under
Referred to : Ramkumar v. Union of India
Vedprakash Devkinandan Chiripai v. State of Gujarat
Devi Lal Mahto v. State of Bihar.
Jagdishprasad v. State of Bihar
Kiran Pasha v. The Govt. of Andhra Pradesh
Mohinuddin v. Distt. Magistrate Beed
Jayantilal Bhagwandas Shah v. State of Maharashtra
Supreme Court authority in Kanu Sanyal v. Distt. Magistrate. Darjeeling
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