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HIGH COURT OF DELHI
JUSTICE PRATHIBA M. SINGH, JUSTICE AMIT SHARMA, JJ
PRADEEP KUMAR NEHRA – Appellant
Versus
UNION OF INDIA & ORS. – Respondent
| Table of Content |
|---|
| 1. petitioner detained under cofeposa (Para 1) |
| 2. submissions on behalf of the petitioner (Para 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 3. court's analysis of the case (Para 13 , 15 , 16) |
| 4. court's reasoning on preventive detention (Para 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25) |
| 5. detention order quashed (Para 26 , 27) |
JUDGMENT
AMIT SHARMA, J.
1. The present petition has been filed by the Petitioner – Pradeep Kumar Nehra (‘ detenu’ ) under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (in short ‘ CrPC ’) seeking quashing of the preventive detention order bearing F. No. PD-12002/01/2024-COFEPOSA dated 12 th April, 2024 passed under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (in short ‘ COFEPOSA Act ’), by the Joint Secretary (COFEPOSA) i.e., Respondent No.2, thereby ordering the detention of the Petitioner.
2. The relevant facts for the purpose of adjudication of the present petition are as under: -
i. It is alleged that the present Petitioner arrived at Jaipur on 11 th January, 2024 upon travelling from Sharjah to Jaipur by Air Arabia. On the basis of
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