LAWS(DLH)-2022-5-52

ZAKIR KHAN Vs. UNION OF INDIA

Decided On May 02, 2022
Zakir Khan Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) These two writ petitions under Article 226 of the Constitution of India read with Sec. 482 of the Code of Criminal Procedure 1973, have been instituted on behalf of Zakir Khan (hereinafter "Detenu No. 1"), the Petitioner in W.P.(CRL.) 72/2022 and Sanjeev Kumar @ Sanjeev Kumar Yadav ("Detenu No. 2"), the Petitioner in W.P.(CRL.) 73/2022 (hereinafter collectively referred to as the 'Detenus'), praying for quashing of detention orders, both dtd. 26/11/2021, bearing No. PD-PD-12001/17/2021-COFEPOSA and PD-12001/18/2021- COFEPOSA, issued under Sec. 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter "COFEPOSA") against the Petitioners/Detenus No. 1 and 2 respectively; and for further directions that the detenus be set at liberty forthwith. As these Petitions raise common questions of law and are premised on similar facts, they are being disposed off by this common order. FACTS OF THE CASE: -

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

(3.) A further perusal of the grounds of detention, impugned in these proceedings reveal that the role assigned therein to the Detenu No.1 pursuant to the investigation carried out is that: -