(1.) This writ petition has been filed by the petitioner who is the wife of the detenu Sanjay Bhandari, presently detained in the Central Jail, Tihar, New Delhi pursuant to an order of detention order F. No.673/22/2005-Cus. VIII dated 15.12.2005 issued against him by Sh.R.K.Gupta, Joint Secretary (COFEPOSA), Government of India, Ministry of Finance, Department of Revenue, New Delhi. The aforesaid order is issued under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 with a view to prevent the detenu from smuggling goods in future.
(2.) The petitioner justifies her locus standi as she is the wife of the detenu, rightly interested in the detenu's welfare and aggrieved of the order of detention dated 10.12.2005 under the provisions of COFEPOSA. She has, thus, invoked the jurisdiction of this court under Article 226 of the Constitution by filing this petition for issuance of writ of habeas corpus and the immediate release of her husband, the detenu.
(3.) In the writ petition, it is submitted that the order of detention dated 15.12.2005 is illegal, arbitrary, mala fide, unjustified and unwarranted, and as such, the continued the detention of the detenu in jail is contrary to law and ought to be quashed.