DIMPLE PRAKASH SHAH Vs. UNION OF INDIA

JUDGEMENT

(1.) VIDE orders dated 26.02.2010 passed under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred as the COFEPOSA), the Joint Secretary to the Government of India has directed that Shri Prakash R. Shah @ Podiyan @ Mamaji (hereinafter referred to as the detenu) be detained and kept in custody in the Central Prison, Puzhal, Chennai. In execution of this order, the detenu was taken into custody on 01.03.2010. He was, at the same time, served with the Grounds of Detention as well as the documents on which the detaining authority relied upon while passing the detention order. The present writ petition of habeas corpus is filed and prayer therein is also made to set aside the impugned order of detention dated 26.02.2010 seeking a direction to the respondents to release the detenu from the detention.

(2.) THE facts and the circumstances which led to the passing of the detention order may now be taken note of.

(3.) WITHIN few days thereafter, he also filed the Writ Petition No. 23558 of 2009 on 16.11.2009 in the Madras High Court in which the detenu had given the details of atrocities/illegalities allegedly committed by the officers of the Enforcement Directorate. He had also prayed for permitting presence of a lawyer at a visible distance during the course of interrogation. This petition was filed at the stage when summons had been issued to him directing him to appear in the office of the respondents on 17.11.2009. In the writ petition, the detenu had submitted that the prejudice would be caused to him if the assistance of counsel was not allowed at the time of recording of statement which was, in any case, his right as well under the law and as a part of fair procedure enshrined in Article 21 of the Constitution of India. Interim prayer was also made for stay of further proceedings pursuant to the summons dated 04.11.2009. Interim stay order dated 18.11.2009 to this effect was passed.