PASCHAL ANTHONY D SOUZA Vs. UNION OF INDIA

JUDGEMENT

(1.) Rule, returnable forthwith. Mrs.Pai appears and waives service of rule on behalf of the respondents. Heard by consent.

(2.) The petitioner is the brother-in-law of one Charles Patrick S/o. Casey Patrick, who has been detained under section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, hereinafter referred to as the "COFEPOSA Act". The petitioner has challenged that order of detention dated 5.5.2006.

(3.) The detenu has been detained on the grounds accompanying the detention order which include certain statements wherein he is said to have admitted to having effected fraudulent exports through M/s.Petrosolv India Company. The detenu was earlier detained under the COFEPOSA Act in the year 1994 and is being prosecuted by the Enforcement Directorate for involvement in a havala racket. The detenu having been released on bail by the Court of the Addl. Chief Metropolitan Magistrate, Third Court, on 30.12.2005 and the detaining authority having been fully satisfied that there is a need to prevent him from indulging in such prejudicial activities in future, the impugned detention order has been passed. The grounds of detention along with the documents relied upon, were served on the detenu.