GIAN CHAND KOCHAR Vs. HONBLE LT GOVERNOR

JUDGEMENT

(1.) Petitioner, Shri Gian Chand Kishore, by this petition filed through his wife Smt.Gulshan Devi, under Article 226 of the Constitution of India read with Section 482 of the Criminal Procedure Code, seeks quashing of order of detention bearing No.F.5/4/2005-Home(P-II) dated 22nd August, 2005, passed under Section 3(1) of Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as 'COFEPOSA Act).

(2.) Pursuant to the order passed on 22nd August, 2005, petitioner was arrested on 23rd August, 2005 and has been in detention since then. Petitioner had submitted a representation against his detention to the Lt.Governor on 29th September/4th October, 2005, which has been annexed as Annexure P-6 to the writ petition. The same was rejected by the Lt.Governor on 19.10.2005. The State Advisory Board, constituted under the COFEPOSA Act, also considered the matter and has given its opinion dated 20th October, 2005 to the effect that there was sufficient cause for detention of the petitioner. The Lt. Governor vide its order dated 16th November, 2005, confirmed the same for a period of 12 months from 23.8.2005. In the circumstances, petitioner has preferred the present petition, assailing the order of detention.

(3.) Before dealing with the grounds urged by the petitioner in assailing the order of detention, facts relevant for the purpose of the petition, may be briefly noted:-