REGENT COMPUTRONICS PVT. LTD.

Joit Kumar Jain Appellant

V/S

STATE OF PUNJAB Respondents

Referred Judgements :-

JUDGEMENT

(1.) THE petitioner Joit Kumar Jain who is a resident of Panchkula, Haryana and who was detained at Central Jail, Ambala pursuant to the impugned order of detention bearing No. PSA -1212/CR -13/SPL -3(A) dated 8.4.2013 passed against him under Section 3 (1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) is seeking quashing of the said detention order for being violative of his fundamental rights guaranteed under Part III of the Constitution of India. The main ground of challenge is non placement by Sponsoring Authority of some very vital documents before the Detaining Authority for her consideration which resulted in non application of mind on the vital documents and vitiation of subjective satisfaction and consequently rendered the detention order illegal, null and void. Neither the fact of non placement has been specifically denied by the respondents, nor any any records produced to show to the contrary.

(2.) THE brief facts of the case are as follows: -

(3.) HOWEVER , considering the judgment of Constitution Bench of the Hon'ble Supreme Court in A.K. Roy versus Union of India and another (1982)1 SCC 271, it was found that there was no impediment in directing detention of the petitioner near a place where he claimed to be residing. In A.K. Roy, the Constitution Bench held as follows: -

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JOIT KUMAR JAIN Vs. STATE OF PUNJAB

Referred Judgements :-

JUDGEMENT

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