ASHWANI KUMAR JAIN Vs. UNION OF INDIA

JUDGEMENT

(1.) BY the Court. The petitioner in this petition has challenged the impugned deten ­tion order dated 16 -2 -2001 (Annexure 1 to the petition) passed under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974.

(2.) HEARD Sri A.D. Giri, learned Senior Advocate, for the petitioner and Sri Sanjay Kumar Singh for the Union of India at length and perused the petition and annexures thereto.

(3.) SRI A.D. Giri has prayed that the petitioner should not be arrested during the pendency of this petition. On the other hand learned counsel for the respondents has relied upon a decision of the Supreme Court in Additional Secretary to the Government of India v. Smt. Alka Subhash Godia and another, 1992 Supp. (1) SCC 496, and has submitted that unless the petitioner surrenders he cannot challenge the impugned detention order.