CHAND MOHD Vs. UNION OF INDIA

JUDGEMENT

(1.) Rule D.B.

(2.) By this writ petition under Article 226 of the Constitution of India, for a writ of habeas corpus, the petitioner questions the legality and validity of his detention pursuant to an order passed on 30 January, 2004 by the Lt. Governor of National Capital Territory of Delhi (hereinafter referred to as the Detaining Authority) in exercise of powers conferred by Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA Act for short).

(3.) The order of detention is passed on the subjective satisfaction of the Detaining Authority that it was necessary to detain the petitioner with a view to preventing him from smuggling goods in future.