ASHOK GUPTA Vs. UNION OF INDIA

JUDGEMENT

(1.) RULE D.B.

(2.) THE challenge in this habeas corpus writ petition is to an order dated 21 November 2003, passed by the Joint Secretary to the Government of India (herein after referred to as "the detaining authority"), under section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (as amended), (for short "the COFEPOSA Act"). The impugned order was served on the petitioner on the same day while he was injudicial custody in connection with alleged violations under the Custom Act, 1962 (for short 'the Act'). He was served with a copy of the order along with the grounds of detention, formulated by the detaining authority, on the basis of his subjective satisfaction that it was necessary to detain the petitioner with a view to preventing him from smuggling goods in future.

(3.) THE petitioner was arrested on 11 July 2003. He continues to be injudicial custody despite various bail applications moved by him or on his behalf.