MUNNA GOYAL Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) The writ petition has been filed by the petitioner challenging the order of detention date* the following grounds: order of detention dated 30l December, 2015at the post-detention stage on

(2.) The brief history as mentioned in the writ petition is that the petitioner was arrested by DRI, Kolkata on 23r July, 2015 in respect to certain enquiries under the Customs Act, 1962 and he was bailed out on 5th August, 2015.The petitioner was again arrested by DRI officers from Delhi Zone on 9thAugust, 2015 for certain investigations. The petitioner approached this Court by filing Writ Petition (Criminal) No. 1898/2015 and as directed, he applied for bail before the learned CMM, New Delhi and he was granted bail on 23rd September, 2015 by that court. The petitioner came to know that a proposal dated 6th October, 2015 was sponsored by DRI officials for his detention under Section 3(1) of the COFEPOSA Act. The wife of the petitioner approached this Court by filing Writ Petition (Criminal) No.3106/2015, praying for quashing of the proposal of the detention of the petitioner, if any. The said petition was disposed of on 23r December, 2015 as it was filed at premature stage. Soon thereafter, the impugned detention order dated 30th December, 2015 was issued against the petitioner. It has been submitted that during the pendency of the Writ Petition (Criminal) No. 1898/2015 before this Court, DRI had given an oral undertaking that no coercive action would be taken against the petitioner and an order to this effect was also passed on 11th January, 2016 by this Court and vide order dated 20th January, 2016, the interim order dated 11th January, 2016 was extended till further orders. A writ petition filed by the wife of the petitioner challenging the order of detention at pre-execution stage, being Writ Petition (Criminal) No.548/2016 was withdrawn to challenge the detention order after its execution. The petitioner also filed a Writ Petition (Criminal) No.40/2019 before Hon'ble Supreme Court, challenging the order of detention at pre-execution stage, which was ultimately withdrawn to avail appropriate remedies in law.

(3.) The petitioner has submitted that he came to know that a case was registered against him under Section 120B, 420, 467, 468, 471 read with Section 34 of Indian Penal Code at Vishakhapatnam and he chose to surrender before the Court of learned CMM, Vishakhapatnam on 9thSeptember, 2019 and thereafter, he was sent to judicial custody. As mentioned above, intimation was sent to the Detaining Authority, Executing Authority and the Sponsoring Authority by the petitioner through his nephew on 11th September, 2019/18th September, 2019. An application dated 12l September, 2019 was also moved before learned CMM, Patiala House Courts, New Delhi for cancellation of warrants of arrest and closure of proceedings under Section 7 of COFEPOSA Act and as such the Sponsoring Authority (DRI) became aware of the petitioner being in jail at Vishakhapatnam. The writ petition before the Hon'ble Supreme Court was withdrawn on 12th September, 2019 as the petitioner had surrendered.