RAM NIWAS MOHAR Vs. UNION OF INDIA

JUDGEMENT

(1.) Present petition has been filed seeking quashing of the Detention Order bearing No.PD-12002/04/2019-COFEPOSA dated 15th March, 2019 passed by respondent No.2 under Sub-Section (1) of Section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short 'COFEPOSA Act') against the petitioner.

(2.) This Court may mention that on 20th November, 2019 also the learned counsel for the petitioner had sought an adjournment to file a rejoinder-affidavit. However, the said request was declined as despite adjournments, the rejoinder had not been filed and the present petition challenges a preventive detention order at the pre-execution stage.

(3.) Learned counsel for petitioner contended that the satisfaction of the Detaining Authority was vitiated inasmuch as the retraction made by Mr. Adel Saeeed Ghulam was not placed before the Detaining Authority. He submitted that had the retraction of Mr. Adel Saeeed Ghulam been considered by the Detaining Authority, it is possible that the Detaining Authority may not have passed the impugned order of preventive detention relying upon the prior confession of Mr. Adel Saeeed Ghulam.