VED PRAKASH SIKRI Vs. UNION OF INDIA

JUDGEMENT

(1.) In this petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, the petitioner has prayed for his immediate release and quashing the order of detention dated 15th February, 1990.

(2.) Shri Mahendra Prasad, Joint Secretary to the Government of India 243 passed an order dated 15th February 1990 as an empowered Officer under Sec. 3 (1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (as amended) (for short COFEPOSA), for the detention of the petitioner with a view to preventing him from acting in any manner prejudicial to the augmentation of foreign exchange.

(3.) Briefly stated the facts leading to the passing of the impugned order are that on 15th January, 1990 an information was received by Delhi Zonal Office of the Enforcement Directorate from its Jalandhar Zonal Office that during the investigation of a case against one Satish Kumar Malhotra it was revealed that he used to purchase foreign exchange locally from many persons at Delhi including two brothers Kaka and Bedi running their shop in Gaffar Market, Delhi and had a telephone No. 5435561 at their residence. During enquiry it was found that the petitioner along with his brother Satinder Kumar Sikri @ Kaka was running Stall No. 24 at Gaffar Market, Karol Bagh and was residing at House No. 2/328, Subhash Nagar, New Delhi. From the aforesaid stall 9500 U.S-Dollars, 11700 Indian currency, and some documents were recovered in the presence of the petitioner while from his residence in the presence of his brother Indian currency of Rs. 180t0.00 and documents were received. Statement of the petitioner was recorded under Sec. 40 of the Foreign Exchange Regulations Act, 1973, and thereafter the impugned order was passed.