LAWS(DLH)-2017-6-29

SHABNAM ARORA Vs. UNION OF INDIA

Decided On June 28, 2017
Shabnam Arora Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) Present petition has been instituted under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 ('Cr.P.C.') for issuance of a writ of habeas corpus to and for any other writ, order or direction for quashing the order of detention bearing F.No. 673/06/2016-Cus.VTH dated 10-10-2016 passed under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (in short 'COFEPOSA Act') against the husband of the petitioner, namely Mr. Raju Arora ('detenue') and directing the release of the detenue.

(2.) In a nutshell, the facts set out in the grounds of detention on the basis of which the detention order dated 10-10-2016 has been passed are as under:

(3.) The petitioner has assailed the order of detention of her husband on numerous ground. The submissions of Mr. Nasir, learned counsel for the petitioner, can be summed up in seriatim as under :