ABHISHEK GUPTA Vs. UNION OF INDIA

JUDGEMENT

(1.) By way of the present writ petition under Article 226 of the Constitution of India read with Sec. 482 of the Code of Criminal Procedure, 1973, petitioner Abhishek Gupta, challenges Preventive Detention Order No.PD-12001/07/2019-COFEPOSA dtd. 26/3/2019 issued under Sec. 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA Act) to detain the petitioner in custody for a period of one year. The petitioner also challenges the further order under Sec. 7(1)(b) of the COFEPOSA Act, 1974 issued on 21/5/2019 directing the petitioner to appear before the Commissioner of Police, NCT of Delhi within seven days of the publication of the order dtd. 21/5/2019 in the official gazette i.e. on or before 28/5/2019 but published in newspapers only on 11/7/2019.

(2.) Respondent No.1 is the Union of India/Central Government which issued the impugned order under Sec. 7 of the COFEPSA Act, 1974 (hereinafter referred to as the Act), pursuant to impugned detention order under Sec. 3(1) of the Act, 1974 issued by the Detaining Authority (i.e. respondent No.2). The respondent No.3 is the Directorate of Revenue Intelligence, New Delhi- the Sponsoring Authority, on whose proposal the detention order is issued against the petitioner. Respondent No.4 is the Commissioner of Police, Delhi, before whom the petitioner has been directed to appear as per the impugned order issued under Sec. 7(1)(b) of the Act.

(3.) In sum and substance, order dtd. 21/5/2019, which directed the petitioner to appear before the Commissioner of Police, Govt. of NCT of Delhi within seven days of the publication of the said order, reflects that petitioner was required to be detained and kept in Tihar Jail, New Delhi with a view to preventing him from smuggling of goods, abetting the smuggling of goods and engaging in transporting or concealing or keeping smuggled goods in future as per Order No.PD-12001/07/2019-COFEPOSA dtd. 26/3/2019.