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2019 Supreme(Del) 1507

SIDDHARTH MRIDUL, BRIJESH SETHI
Ankit Ashok Jalan – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Petitioner:Vikram Chaudhri, Sr. Advocate, Saurabh Kirpal, Sr. Advocate, Ashish Batra, Wattan Sharma, Sarthak Sahdev, Harshit Sethi, Aanchal, Advocates
For the Respondent:Maninder Acharya, ASG, Vinod Diwakar, Ayush Sharma, Harshul Choudhary, Ikshita Singh, Sakshi Singh, Advocates

JUDGMENT :

Siddharth Mridul, J.

1. The present writ petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 essentially in the nature of writ of habeas corpus, has been instituted by Ankit Ashok Jalan, seeking quashing and setting aside of the impugned detention orders bearing Nos.PD-12001/34/2019- COFEPOSA and PD-12001/35/2019-COFEPOSA dated 01.07.2019 issued against his father Ashok Kumar Jalan as well his brother Amit Jalan (hereinafter referred to as ‘the detenus’) respectively, and to set them at liberty forthwith.

2. The facts as are relevant for the adjudication of the present proceeding are briefly encapsulated as follows:-

(i) In the light of specific intelligence, the Directorate of Revenue Intelligence, Kolkata Zonal Unit (for short ‘DRI’) intercepted one “Anand” on 09.06.2019 near Dankuni Toll Plaza, West Bengal, while he was travelling on a bus from Siliguri to Kolkata, carrying 8 Kgs. of gold of foreign origin valued at Rs.2.71 crores approximately.

(ii) The said Anand, vide his statements recorded on 09.06.2019 and 10.06.2019 indicated that, he had been engaged by the detenus to receive the 8 bars of smuggled g

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