MOHD NASHRUDDIN KHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) Crl. M.A. No. 6483/2020

(2.) In order to discern the context of the proposed amendments, it would be appropriate and also essential that we briefly note the factual background relating to the filing of the present application. To put it succinctly, the main writ petition under Article 226 of the Constitution of India read with section 482 of Cr.P.C. is directed against the detention order No.DT-12001/03/2020-COFEPOSA dated 21.01.2020 issued by Respondent No.2, under Section 3(1) of COFEPOSA Act, 1974. The petitioner asserts that he is a non-resident Indian citizen and is engaged in trading of gold jewellery in U.A.E. On 24.04.2019, he was detained by the officers of DRI at IGI Airport, New Delhi on the allegations of involvement in illicit import and export of gold jewellery, whilst he was travelling to India from Dubai. The petitioner was formally arrested by the officers of DRI on 26.04.2019 and was produced before the learned Duty Metropolitan Magistrate on 26.04.2019 at her residence at 23:00 hrs and was remanded to judicial custody till 27.04.2019. Vide order dated 3.06.2019, the learned CMM, Patiala House Court, New Delhi released the petitioner on bail. Subsequently, on 22.08.2019 petitioner moved an application seeking permission to travel abroad and for release of passport. Thereafter, DRI filed an application seeking cancellation of petitioner's bail. This brought about several legal proceedings between the petitioner and the DRI.

(3.) The petitioner at the first instance approached the Supreme Court, vide W.P. (CRL.) No. 63/2020, challenging the impugned detention order. However, the Court did not interfere and vide order dated 16.03.2020, granted permission to the Petitioner to withdraw the writ petition and approach the High Court. The relevant extract of the said order reads as under: