MUKESH KUMAR GUPTA Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Sri A. D. Giri, learned Senior Advocate, Sri Vijay Prakash and Sri A. Samad, learned counsels for the petitioners and Sri Sanjay Kumar Singh for the respondents.

(2.) The petitioner No. 1 has challenged the detention order dated 16-2-2001 Annexure 1 to the writ petition passed under Section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 as amended. A counter-affidavit has been filed by the respondent and by means of an amendment application the petitioner has placed on record the grounds of detention.

(3.) Several arguments have been advanced by the learned counsel for the petitioner but in our opinion the very first ground is sufficient to allow this petition. Learned counsel for the petitioner submitted that the allegation against the petitioner No. 1 who was Superintendent in Custom and Central Excise Department was that by misusing his office he was abetting smuggling activities. The petitioner No. 1 was suspended on 5-10-2000 while the detention order is dated 16-2-2001. In our opinion when the petitioner No. 1 was suspended on 5-10-2000 obviously he could not continue to do the alleged activity of abetting smuggling because he was doing those activities by virtue of his office as Superintendent, Custom and Central Excise. Learned counsel for the petitioner has rightly submitted that since the petitioner has been suspended on 5-10-2000 obviously thereafter he could not continue the said activity because he was doing those activities by virtue of his office, and since he is now no longer functioning in that office there was no justification for passing the impugned detention order on 16-2-2001.