LAXMAN DASS JALHOTRA Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition has been filed by the father of the detenu (Manish Jalhotra) seeking a writ in the nature of habeas corpus for the release of the said detenu and for the quashing of the detention order dated 27.08.2010 issued by the respondent no. 2 purportedly under section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as "the COFEPOSA Act"). The detention order was executed on 01.09.2010.

(2.) The main ground of challenge to the detention order is that though the detention order is based upon, inter alia, the statement dated 09.03.2010 made by one Lokesh Garg and the statement dated 14.06.2010 made by the detenu, both purportedly under section 108 of the Customs Act, 1962 and both of which were allegedly retracted, the retractions were not placed before the detaining authority and, therefore, the detention order was vitiated. It is also contended that the detenu was not supplied with a copy of Lokesh Garg's retraction and that adversely affected his right to make a representation. It was also submitted on behalf of the detenu that documents sought for were not supplied to him and therefore his continued detention was bad on this count. The learned counsel for the petitioner placed reliance on the following decisions of the Supreme Court:-

(3.) On behalf of the respondents it was urged that the detenu's so-called retraction is undated and is not addressed to anyone. The retraction contained in the bail application was in the knowledge of the detaining authority inasmuch as the reply to the bail application was a relied upon document and was shown at serial no.2 of the relied upon documents.