DEEPAK DHEMLA Vs. STATE

JUDGEMENT

(1.) Present writ petition has been filed under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure for issuance of a writ of certiorari or any other writ/ order/direction seeking quashing of the detention order dated 28th September, 2001 passed under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as "COFEPOSA Act") by the Deputy Secretary (Home) against the petitioner on account of the alleged contravention of the provisions of the Customs Act, 1962.

(2.) The brief facts of the present case are that one Mr. Rajesh Gulati was intercepted by the Customs authorities at the Indira Gandhi International Airport, New Delhi on 05th July, 2001 and a number of mobile phones were seized from him. Mr. Rajesh Gulati gave a statement under Section 108 of the Customs Act, 1962 implicating his brother-in-law i.e. the petitioner. However, when Mr. Rajesh Gulati was produced before the Court of learned Metropolitan Magistrate, he retracted his confessional statement.

(3.) Learned counsel for petitioner points out that in a petition filed by Mr.Rajesh Gulati before the Supreme Court, his detention order dated 28th September, 2001 passed under Section 3(1) of the COFEPOSA Act, was quashed as far back as 29th August, 2002.