VISHNU KUMAR SHUKLA Vs. UNION OF INDIA

JUDGEMENT

(1.) By this writ petition the petitioner challenges the order of his detention dated October 20,1992 passed by respondent No.2 under Section 3(1) read with section 2(f) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act,1974 (for short "COFEPOSA').

(2.) The allegations as revealed from the grounds of detention are as follows:

(3.) On May 19, 1992 the petitioner was intercepted at IGI Airport when he was leaving for Dubai. As a result of the search of his luggage foreign currency valued at Rs.11,89,384.55 was recovered. Pursuant to the notice under Section 108 of the Customs Act, 1962 the petitioner admitted the recovery of the aforesaid currency from his luggage. On the same day the petitioner was arrested in connection with the incident. On May 20, 1992 the petitioner was produced before the ACMM Patiala House, New Delhi who remanded him to judicial custody. Thereafter on July 6, 1992 after completion of the investigation, a complaint was filed against the petitioner under Section 132 and 135(1) of the Customs Act in the court of ACMM, Patiala House,New Delhi. The Additional Sessions Judge by his order dated August 7,1992 granted bail to the petitioner. In view of this development, the detaining authority on October 20,1992 passed the detention order against the petitioner. It is this order of detention which has been challenged before me.