RAVI CHANDRA MISHRA Vs. UNION OF INDIA

JUDGEMENT

(1.) The present writ petition under Article 226 of the Constitution of India read with Sec. 482 of the Code of Criminal Procedure 1973, has been instituted on behalf of Ravi Chandra Mishra (hereinafter referred to as the detenu"), praying for a direction in the nature of certiorari for quashing of the detention order bearing F.NO. PD-12001/19/2021-COFEPOSA, dtd. 28/12/2021, issued under Sec. 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as "COFEPOSA") against the petitioner/detenu; and for further directions that the detenu be set at liberty forthwith. At the outset, it would be pertinent to note that vide common judgment dtd. 2/5/2022, in the case titled Zakir Khan vs. Union of India and Ors., reported as 2022 SCC OnLine Del 1284, this Court quashed and set aside detention orders issued against the co-detenus therein. FACTS OF THE CASE: -

(2.) The relevant facts qua the detenu, as are necessary for the adjudication of the subject writ petition are briefly encapsulated as follows: -

(3.) A perusal of the grounds of detention, impugned in these proceedings reveal that the role assigned therein to the detenu, pursuant to the investigation carried out, is substantially to the effect that:-