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.) On 06.10.2009, the officers of the Enforcement Directorate searched the residential/business premises of the detenu and recovered a sum of Rs.1.31 Crores. The explanation of the detenu was that this money actually belongs to his partnership firm M/s. Venkatesh Properties and was meant for making investment in the real estate. It is alleged in the petition that the various summons were served and coercive tactics were used for obtaining false confessions. The detenu had retracted those confessions on the very next date, pleading that they were taken under coercive circumstances.