SHRI VINOD KUMAR PATHROR Vs. UNION OF INDIA

JUDGEMENT

(1.) The present Writ Petition has been filed under Article 226 of the Constitution of India, seeking the quashing of the detention order bearing F. No. PD12002/02/2017- COFEPOSA dtd. 2/1/2018, issued by the Joint Secretary to the Government of India, COFEPOSA Unit, Central Economic Intelligence Bureau in the Department of Revenue, Ministry of Finance, Government of India (hereinafter referred to as the 'impugned order') under Sec. 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as the 'COFEPOSA Act'), by which the petitioner was ordered to be detained and kept in Tihar Jail, New Delhi.

(2.) The petitioner has also challenged the order dtd. 12/12/2019 passed by the learned Chief Metropolitan Magistrate (CMM), Patiala House Courts, New Delhi in Case no. 14556/2018, titled Customs v. Vinod Kumar Pathror, declaring the petitioner as a Proclaimed Offender pursuant to proceedings initiated under Sec. 7(1) (a) of the COFEPOSA Act.

(3.) The challenge to the detention order is admittedly at the pre-execution stage, as the petitioner has not been taken into custody pursuant to the impugned order.