RAVI ARJUN SHAH Vs. PRINCIPAL SECRETARY

JUDGEMENT

(1.) The petitioner above named has preferred this petition under Article 226 of the Constitution of India for appropriate writ, order or direction, for quashing and setting aside an order of detention dated 19/08/03, passed by respondent no.1 against the petitioner, in exercise of powers u/s.3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short, "the COFEPOSA Act").

(2.) The petitioner was detained in view of the aforesaid order of respondent no.1 on the grounds stated at Annexure 'B' page 24. It seems that two Institutions have been involved in the present matter. They are M/s. Siddheshwar Overseas and M/s. Shivam Exports. One of them is a Company and the other one is a Partnership Firm. Indisputably, the petitioner is the Director of the Company and a Partner of the Partnership Firm referred to hereinabove. On account of the allegations made against the petitioner and more particularly described in the aforesaid grounds, the petitioner was ordered to be detained, after following due procedure of law. The petitioner has challenged the said order of his detention on various grounds.

(3.) On receipt of the petition, Rule was issued and in response to the service of notice of Rule, Ms.P B Sheth learned AGP has appeared on behalf of the respondents. I have heard the learned advocates for the parties and have perused the papers. Respondent no.1 has filed affidavit which has been placed at page 43.