RAVI KAPOOR Vs. UNION OF INDIA

JUDGEMENT

(1.) In this case the petitioner has been detained pursuant to an order dated 6 th June, 1991 passed by the Joint Secretary to (he Government of India in exercise of the powers conferred by section 3(1) of the Conservation of Foreign Exchange & Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as 'COFEPOSA'). It may be relevant to point out here that belore the order was served on the petitioner, the petitioner approached Calcutta High Court by filing a writ petition bearing No.4202/91 and in the said writ petition the respondent, Government of India was restrained from serving on the petitioner any order of detention under the provision of COFEPOSA or on any other ground on which a criminal case had been started against the petitioner. The aforesaid restrained order was, however, vacated by the Calcutta High Court on 12th April. 1991 and it was thereafter that the impugned delention order was passed on 6.6.1991 as slated hereinabove. Pursuant to the order of detention the petitioner was detained on 17th December, 1991 i.e. after the lapse of a period of more than six months. A declaration under section 9(1) of COFEPOSA was issued against the petitioner on 8th January, 1992.

(2.) The learned counsel for the petitioner has urged the following contentions.

(3.) Since I am allowing the writ petition on the basis of the 'first contention, I consider it unnecessary to examine the other contentions urged by the learned counsel for the petitioner.