(1.) Heard Mr.S.H.Sanjanwala, learned senior counsel with Mr.Y.S.Lakhani, appearing for the petitioner -detenu and Mr.M.M.Tirmizi, learned Additional Standing Counsel appearing for Union of India and the concerned Department of Central Government, so also, Ms.H.B.Punani, learned AGP for respondent No.3.
(2.) The present petition is under Article 226 of the Constitution of India praying for appropriate writ, order and direction for quashing the order of detention bearing F NO.673 / 4 / 2004 -CUS -VII dated 28.5.2004 issued by Mr.R.K.Gupta, the Joint Secretary to the Government of India, Ministry of Finance, Department of Revenue, New Delhi in exercise of the powers vested under Section 3(1) of the CONSERVATION OF FOREIGN EXCHANGE AND PREVENTION OF SMUGGLING ACTIVITIES ACT, 1974.
(3.) One more allegation against the present petitioner is that though the petitioner had claimed rebate fraudulently and such rebates claims were filed with Maritime Commissioner in respect of the past exports of certain associate companies viz. M/s Clarity Intermediates and Pesticides and M/s Cosmos Chemicals and Intermediates as mentioned in para -10 of the ground for detention.