KARNARAM LUMBAJI CHOUDHARY Vs. UNION OF INDIA

JUDGEMENT

(1.) By this petition under Article 226 of the Constitution of India, the petitioner-proposed detenu has assailed the legality and validity of an order of detention, dated 8th March 2018, passed by the Joint Secretary, Government of India, under the provisions of section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 ('the COFEPOSA Act').

(2.) The petitioner has invoked the writ jurisdiction of this Court at a pre- execution stage of the aforesaid detention order in the backdrop of the following facts :

(3.) An affidavit in reply is filed on behalf of respondent Nos.1 and 2. The respondents contend that the petitioner has resorted to litigation with a view to delay the execution of the impugned order. The petitioner deliberately made himself scarce. The order could not be executed despite earnest efforts by the respondents. The petitioner was well aware of the detention order dated 8th March 2018. An order under section 7(1)(b) of the COFEPOSA Act was issued on 18 th July 2018 and it was published in two local newspapers on 18th August 2018. The proclamation was issued by the learned Magistrate on 7th February 2020. Yet, the petitioner has willfully evaded the execution of the impugned order. In the circumstances, the petitioner cannot be permitted to take benefit of his own wrong.