MANJIT KUMAR ALIAS MINTEE Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition, under Articles 226 and 227 of the Constitution, read with section 482 of the Code of Criminal Procedure, has been filed on behalf of the detenu Manjit Kumar @ Mintee, through his uncle Yash Pal, challenging his detention, vide order of detention dated 5th March, 1988, passed by Shri K. I. Verma Joint Secretary to the Government of India, Ministry of Finance, Department of Revenue (COFEPOSA Unit), North Block, New Delhi, (respondent No. 2 herein), in exercise of the powers vested in him under section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA Act for short). The detention has been ordered with a view to preventing the petitioner from acting in any manner prejudicial to the augmentation of foreign exchange. The detention order was served on petitioner on 16th March, 1988, and he made a representation to the detaining authority on 22nd April, 1988, seeking revocation of the order of detention on the grounds set out therein.

(2.) The petitioner controverts the correctness of the allegations made in the grounds of detention and pleads that his detention order, as well as continued detention, was illegal for various reasons as detailed in the grounds taken up in this writ petition.

(3.) After service of the notice on the respondents, a reply affidavit has been filed on their behalf which affidavit has been sworn by the detaining authority himself.