LAWS(DLH)-2014-3-107

GAUTAM JAIN Vs. UNION OF INDIA

Decided On March 18, 2014
GAUTAM JAIN Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) GAUTAM Jain, detenu, impugns detention order dated 23rd September, 2009 under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (Act, for short). He has prayed for issue of writ of habeas corpus under Article 226 of the Constitution of India for quashing his detention with a prayer that he should be set forth at liberty.

(2.) THE respondent Union of India, Ministry of Finance have contested the proceedings and have filed counter affidavit and an additional affidavit. The petitioner has filed rejoinder affidavit to the counter affidavit and rejoinder to the additional affidavit.

(3.) THE main pleas/contention raised by the petitioner before us are as under: