JASVINDER KAUR Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner Jasvinder Kaur has filed the present writ petition under Article 226 of the Constitution of India read with sec. 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking a direction in the nature of habeas corpus for the production of her son, Harmeet Singh, who the petitioner alleges, has been illegally detained by the respondents. After amendment of the array of party-respondents, the respondents in the proceedings are the Union of India, Through Its Secretary, Ministry of Finance, Department of Revenue (Central Economic Intelligence Bureau); Joint Secretary (COFEPOSA); and The Commissioner of Customs, Terminal-3, IGI Airport, New Delhi, which parties are hereinafter collectively referred to as the 'Ministry ' or the 'respondents '.

(2.) The petitioner further seeks quashing of detention order bearing No. PD-12002/05/2020-COFEPOSA dtd. 5/6/2020 issued under sec. 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA Act) by the Joint Secretary COFEPOSA (the "impugned detention order ") under which the petitioner 's son is in preventive detention with The Superintendent, Tihar Jail, New Delhi, which detention order also stands confirmed by the Department of Revenue, Ministry of Finance vidé order dtd. 11/8/2021.

(3.) As per the record, the Ministry 's case against the petitioner 's son is this :