RENU MAHANT Vs. UNION OF INDIA

JUDGEMENT

(1.) By this writ petition, the petitioner, Smt.Renu Mahant, seeks to challenge the order of detention No. F.No.673/27/2002-Cus.VIII, Govt. of India, Ministry of Finance, Department of Revenue, dated June 28, 2002 issued by the 2nd respondent against the petitioner under Section 3(1) of the Conservation of Foreign Exchange & Prevention of Smuggling Activities Act, 1974 (for short 'the Act'), at pre-detention stage on the ground that the case of the petitioner is covered by Exceptions (i), (iii) and (iv) in Additional Secretary, Govt. of India vs. Smt. Alka Subhash Gadia and Another, 1992 Suppl (1) SCC 496. Learned counsel for the petitioner argued that the order of detention is bad for the reasons that the order is in mala fide exercise of powers issued for collateral purpose, is violative of Articles 14 and 21 of the Constitution of India.

(2.) The detention order which, the petitioner claims, was obtained from the case file of the Magistrate after inspection, reads as under :

(3.) The learned Additional Solicitor General, Mr. K.K.Sud, appearing on behalf of the respondents contended that the petitioner would have no right to approach this court complaining of the detention order which had yet to be served on her. He contended that interfering at this stage would amount to permitting the petitioner to bye-pass the procedure established by law and would defeat the very purpose of making the order of detention.