SANJAY DOGRA Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner Sanjay Dogra filed the above petition through his wife Smt. Poonam Dogra praying for quashing of impugned detention order bearing file No. 673/18/2004-Customs-8 dated 30.11.2004 passed under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as the "COFEPOSA" Act). Petitioner prayed for a writ of habeas corpus, to be set at liberty. Petitioner claims to have been picked up by Officers of DRI from his residence, whereafter he was formally arrested and produced before the ACMM, New Delhi on 8.5.2004 Petitioner and his associates" statements under Section 108 of the Customs Act had been duly recorded. Following this, the petitioner had been placed under arrest under Section 104 of the Customs Act for fraudulent availment of export incentives. Petitioner was granted bail on 7.7.2004 Following the impugned order of detention on 30.11.2004, the appellant was arrested and kept in detention.

(2.) The period of detention is over. The petitioner and his counsel, however, seek quashing of the impugned detention order as the same may have ramifications under SAFEMA and other statutes.

(3.) Before considering the petitioner"s challenge to the impugned detention order, the facts as they emerge from the grounds of detention are being set out:-