LAURENCE VIGNARD Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition has been brought under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, seeking quashment of the detention order dated October 19, 1989 passed by respondent No. 2 under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short COFEPOSA Act') with a view to preventing the petitioner from smuggling goods.

(2.) The petitioner admittedly is a French national and had been apprehended on September 20, 1989 and 26 foreign marked gold biscuits of 10 tolas each and two foreign marked gold slabs of one kg. each had been recovered from her possession. Mr. Barski Marek had been also arrested alongwith her. He is also a foreigner and a detention order was also passed against Mr. Barski Marek. No bail application has been moved by this petitioner and admittedly the petitioner is in judicial custody. One Brij Mohan Sethi was also apprehended alongwith the petitioner and Mr. Barski Marek and later on it appears that bail order had been passed in favour of Brij Mohan Sethi while the bail application moved by Mr. Barski Marek had been rejected on October 19, 1989. The impugned order was served on the petitioner in Jail on October 27, 1989.

(3.) In the grounds of detention after narrating the facts resulting in apprehension of the petitioner and the co-detenus, the detaining authority has recorded that he was aware that the petitioner was in judicial custody but every possibility of the petitioner filing bail application and getting bail could not be ruled cut.