NARESH DUA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India praying for a writ of habeas corpus and quashing and setting aside the order of detention dated 21/2/2008 under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 ("the Cofeposa Act" for short) passed against Shri Rajesh Dua (the detenu) has been filed by his brother Shri Naresh Dua, both residents of AD-29, Tagore Garden, New Delhi 110 027. The said detention order came to be served on the detenu by Rajori Garden Police Station after he was taken in custody by the officers of the Directorate of Revenue Intelligence. He was detained at the said police station from 21/5/2010 till 26/5/2010.

(2.) The detenu along with the officials boarded the train from Delhi and reached the Nashik Road Central Prison at Nashik on 27/5/2010 in the evening.

(3.) After the detention order was passed on 21/2/2008 and before it was executed / served on the detenu, Criminal Writ Petition No.635 of 2009 came to be filed by the detenu himself before this Court on or around 17/3/2009 challenging the detention order at the pre-execution stage. On issuing notices by this Court the Detaining Authority as well as the Sponsoring Authority filed affidavits in reply and opposed the said petition. As the detention order came to be served on the detenu on 21/5/2010 and he was admitted to the Nashik Road Central Prison at Nashik on 27/5/2010, Criminal Writ Petition No.635 of 2009 was allowed to be withdrawn as per our order dated 10/6/2009.