SUNNY KANODIA Vs. UNION OF INDIA

JUDGEMENT

(1.) The present writ petition has been filed by the petitioner under Article 226 of the Constitution of India read with Section 482 of Code of Criminal Procedure, 1973 seeking quashing of the impugned detention order F.No.673/13/2010-CUS VIII dated 07.07.2010, issued under Section 3 (1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short =COFEPOSA Act). The detenu is the nephew of Bhimendra Kumar Goyal @ B.K. Gupta @ Munna Goyal (hereinafter referred to as ?detenu?).

(2.) The detenu was detained on 22.09.2010 under COFEPOSA Act pursuant to the impugned order dated 07.07.2010 issued by respondent No. 2 which was served upon him along with the grounds of detention with a view to prevent him from engaging in smuggling, abetting the smuggling, engaging in transporting, concealing, keeping, dealing in smuggled goods and harbouring persons engaged in smuggling goods in future under Section 3(1) of the COFEPOSA Act.

(3.) The relevant facts leading up to the filing of the present writ petition are as follows :