RAJESH VERMA Vs. UOI

JUDGEMENT

(1.) The Petitioners seek quashing of a detention order dated 07.10.2004 issued by the second respondent 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 has not been served on the subject, i.e. the second petitioner (the detenu), till date.

(2.) At the outset, this court notices that the present Petitioners had challenged the detention order impugned in this case in a previous writ petition filed in 2005 (WP (Crl) 566/2005), alleging that it was mala fide, issued without application of mind, and arbitrary, as well as liable to be set aside on various other grounds. This court, through a Division Bench judgment dated 02.01.2007, in WP (Crl.) 566/2005, negatived the challenge to the detention order. The court, importantly, also held that a pre-detention challenge to the order could not have been maintained by the present Petitioner, on an application of the law declared by the Supreme Court. The material portion of the said judgment reads as follows:

(3.) After dismissal of the writ petition, the judgment of the Division Bench was sought to be challenged in a special leave petition under Article 136 of the Constitution, before the Supreme Court. That petition (SLP 3132/2007) was dismissed on 10.07.2007.