DES RAJ MALHOTRA Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition under Article 226 and 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure seeks quashing of the order of detention No. F. No. 673/154/89-Cus. VIII dated 7th April, 1989 passed by Sh. A. K. Batabyal, Joint Secretary to the Government or India, pecially empowered under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (as amended) (COFEPOSA for short).

(2.) On 5-5-1988, there was a search of the residential premises at 1-208, Ashok Vihar Phase-I, Delhi in occupation of one Shri B. K. Talwar in which along with other thiags particulars of the present detenu like his telephone number etc. were recovered. On that basis his premises E-144, Kamla Nagar, Delhi occupied by the petitioner was searched on 20-1-1989 resulting in the seizure of documents and foreign currency. Besides being prosecuted under various criminal provisions, the impugned order of detention was also passed against the petitioner.

(3.) Although the detention has been challenged on a number of grounds but only one ground has been pressed before me and, therefore, only the relevant details in that respect are mentioned below.