MADHU KHANNA Vs. UNION OF INDIA

JUDGEMENT

(1.) Smt. Madhu Khanna, wife of the detenu Vishwanath Khanna, has filed this petition under Article 226 of the Constitution of India for quashing the detenion order passed against Vishwanath Khanna on December 11, 1985 by the Administrator of Union Territory of Delhi under Section 3(1) read with Section 2(f) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short 'COFEPOSA Act') with a view to preventing him from abetting the smuggling of gold and also the declaration dated February 14. 1986 mad.: by Additional Secretary to the Government of India, under Section 9(1) of the COFEPOSA Act.

(2.) It may be. mentioned at this stage that earlier also this very petitioner had filed a writ petition in this Court challenging the said detention orders and same was. dismissed on May 30, 1986. The petitioner filed a social leave petition and also criminal writ petition before the Hon'ble Supreme Court which admittedly were dismissed. A review petition was filed in the Supreme Court which was also dismissed and another criminal writ petition was filed in the hgrest court who came to be dismissed on December 19, 1988.

(3.) It is the case of the petitioner that the grounds now set up in this writ petition were neither pleaded, urged or agitated in the previous proceedings and thus the present writ petition is competent for challenging the impugned detention orders.