(1.) PETITIONER Ashok Sadarangani, father of Nitesh Sadarangani has filed the present criminal writ petition praying for issuance of an appropriate order quashing the impugned order of detention bearing No.PSA1200/85/SPL3(A) dated 12.3.2001 passed under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Act, 1974 (for short 'COFEPOSA') by the 5th and 6th respondents against Nitesh Sadarangani (hereinafter referred to as 'detenu') and to secure his personal liberty in the light of the Constitutional guarantee under Article 21 of the Constitution of India.
(2.) THE brief undisputed facts of the case are as follows.
(3.) NOTICE was issued vide order dated 24.1.2014 and this Court stayed the execution of the impugned detention order till 17.2.2014. When the matter was taken up on 17.2.2014, learned advocate appearing for respondent No.5 sought time to file reply and hence the matter was posted for 24.2.2014, on which date again a short adjournment was granted and the matter was posted for 28.2.2014 and then for 5.3.2014. Mr. H.S.Deol, learned Advocate who had earlier filed memo of appearance alongwith Mr.Mansur Ali, learned Advocate, submitted that he had no instructions from respondents No.5 & 6 and as a consequence none appeared on their behalf. The matter was thus finally posted for 12.3.2014. Learned Sr.Advocate Mr.R.S.Rai alongwith learned Advocate Ms.Ashima Mor appeared for respondents No.5 & 6 and opposed the petition. A counter affidavit dated 10.3.2014 was also placed on record inadvertently showing the detenu as petitioner in the cause title. Paragraph 6 of the above counter affidavit read as follows: -