SANDIP AGARWAL Vs. UNION OF INDIA

JUDGEMENT

(1.) In this writ petition, validity and/or legality of the order dated 19th August, 2004 issued under section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) directing detention of the petitioner No. 1 has been challenged by the petitioners herein.

(2.) The petitioners have specifically stated in the writ petition that the issuance of the aforesaid detention order by the respondent authorities came to their notice from an advertisement published at the instance of the Government of India in 'The Statesman' dated 6th November, 2004. In the said advertisement it was also stated that the petitioner No. 1 (Sandip Agarwal) had absconded or concealed himself so that the order of detention could not be implemented. Accordingly, a further order dated 23rd September, 2004 had been passed directing the said petitioner No. 1 to appear before the respondent No. 3, the Commissioner of Police, Kolkata.

(3.) It has been specifically submitted on behalf of the petitioners that no attempt was made by the respondents to serve the said detention order upon the petitioner No. 1 even though the said petitioner No. 1 had been regularly visiting the office of the Joint Director General of Foreign Trade. It has also been submitted on behalf of the petitioners that the impugned order of detention was passed for a wrong purpose and the same, therefore, should be quashed even at the pre-execution stage.