RAHUL KHANNA Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) PRESENT writ petition has been filed by the wife of detenue under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of the Order or detention dated 12.2.2015 bearing F.No.673/01/2015 -CUS. VIII passed under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (hereinafter referred to as 'COFEPOSA Act'). The petitioner also seeks a direction to set free her husband, who has been illegally detained by an order of detention dated 12.2.2013.

(2.) ALTHOUGH various grounds have been raised by the petitioner in the present writ petition, however, the learned counsel for the petitioner has primarily pressed the following grounds for quashing the order of detention:

(3.) MR . Jain, learned Additional Solicitor General, in response to the above submission, has submitted that the third retraction dated 28.1.2015 was considered by the detaining authority while passing the impugned order, which is evident upon reading of para 21.2 of the detention order. Para 21.2 of the detention order reads as under: