SUSHIL KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) In this writ petition the detention order bearing No. F.5/28/92-Home (P-II) dated 12.5.92 passed against Mr. Sushil Kumar Bhutani son of Mr.Madan Lal 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') has been challenged at the preexecution stage.

(2.) Earlier also a criminal writ petition was filed by this petitioner being Cr.W.P. No. 261 of 1992 - Sushil Kumar vs. Union of India and Others - which was dismissed on 29.6.1992 as withdrawn.

(3.) Learned counsel for the petitioner relying upon the decision of the Hon'ble Supreme Court in Additional Secretary to the Government of India vs. Alka Subhash Gadia [J.T. 1991 {l}S.C.549] submitted that the impugned order of detention has been passed for a wrong purpose as there is substantial and unexplained-delay in passing the said order. The order ofdetention is not sustainable as there is substantial and unexplained delay in execution of the said order. The impugned order of detention has been passed on extraneous and.irrelevant grounds and it has been passed against "wrong person.