JIGYASA AGGARWAL Vs. UNION OF INDIA

JUDGEMENT

(1.) Writ Petition (Criminal) 2169/2005 has been filed with a prayer for issue of writ of habeas corpus calling for the records vis-a-vis the detention order F.No. 673/02/2005-Cus VIII dated 8/9/2005 vide which the detenu has been detained since 21/9/2005.

(2.) It is contended by Counsel for the petitioner that the petitioner is a well- wisher of the detenu and is filing the petition under Article 226 of the Constitution for the immediate release of the detenu, Shri Rajesh Aggarwal, who has been detained pursuant to detention order F.No. 673/02/2005-Cus VIII, dated 8.9.2005 under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, passed by the detaining authority, the second respondent.

(3.) The facts of this case as set out in the counter-affidavit are as under: