ADITYA KUMAR BHANDARI Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner by this writ petition has challenged the detention order dated 26.2.1993, passed by the Joint Secretary to the Government of India, Ministry of Finance, Department of Revenue, New Delhi, under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, (hereinafter referred to as the COFEPOSA Act, 1974), and has prayed in the petition for quashing of the said detention order, on various grounds.

(2.) THE petitioner has challenged that the impugned detention order is unjustified and unlawful inasmuch as the Advisory Board has found sufficient cause against co-accused Lal Singh, from whom the foreign currencies were recovered and seized and on the basis of whose statement the petitioner is sought to be detained, the case of the petitioner is on much better footing and when the detention order pertaining to Lal Singh was quashed by this court, then, the detention order against the petitioner cannot survive.

(3.) THE petitioner has also contended that the detention order is based on vague, extraneous and irrelevant considerations.