SUSHMEET KAUR Vs. UNION OF INDIA

JUDGEMENT

(1.) The present writ petition under Article 226 of the Constitution of India read with Sec. 482 of the Code of Criminal Procedure, 1973, has been instituted by Sushmeet Kaur, the petitioner herein, who is the wife of Shri Greeshm Sharma (hereinafter referred to as 'the Detenue'), and essentially prays for a writ in the nature of habeas corpus seeking quashing of the Detention order bearing No.PD-12002/ 11/2019-COFEPOSA dtd. 19/7/2019 (for short 'Detention Order') issued by the Joint Secretary to Government of India, Respondent No.2 herein (hereinafter referred to as the 'Detaining Authority'), directing the Detenue's detention under Sec. 3 (1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as 'COFEPOSA').

(2.) The factual matrix as is relevant and germane for the adjudication of the present proceeding, is adumbrated as follows:

(3.) Mr. Ramkant Gaur, learned Counsel appearing on behalf of the petitioner assails the Detention Order, firstly, on the ground that, the Sponsoring Authority did not place the vital documents including the Detenue's 'Letter Of Extrication' dated the 3/7/2019 before the Detaining Authority, thereby vitiating the subjective satisfaction of the latter and rendering the Detention Order invalid and illegal.