GOLAM BISWAS Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) Golam Biswas has filed the present writ petition under Article 226 of the Constitution of India for quashing of the detention order dated 27th May, 2014 passed under Section 3(1) and order dated 13th June, 2014 passed under Section 3(1)(i) and 3(1)(iii) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as COFEPOSA Act, for short). The petitioner was served with the aforesaid detention orders and detained under the COFEPOSA Act on 16th June, 2014 while in judicial custody for offence under Section 135 of the Customs Act, 1962.

(2.) The writ petition was originally filed on 29th July, 2014 and has since been pending. When the arguments were being put forth in this Bench on 20th January, 2015, it was noticed that the counsel for the petitioner had made certain factual assertions in the written submissions, which were not stated/ pleaded in the writ petition. Learned counsel for the respondents prayed for some time, so as to examine the said factual assertions and if required, file an affidavit. Pursuant thereto, a copy of the objection petition filed by the petitioner before the Calcutta High Court, opposing the application for cancellation of bail was filed. Thereafter, the argument then raised was not pressed.

(3.) Subsequently, on 2nd February, 2015, learned counsel for the petitioner during the course of arguments, raised new contentions based upon facts, which had earlier not been pleaded or raised in the writ petition as well as the written submissions. This was objected to by the counsel for the respondents, who highlighted the vacillations and new allegations made by the petitioner. Allowing the prayer made by the petitioner, time was granted to file an additional affidavit along with photocopy of documents to show and urge factual and consequent legal submissions. The said affidavit has been filed and the respondents have also filed their response to the said affidavit.