RAJINDER ARORA Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) PURSUANT to this Criminal Writ Petition, filed under Article 226 of the Constitution of India, the Petitioner prays, for quashing of the order of detention dated 31.3.2005, passed by the Joint Secretary to the Government of India, New Delhi, under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as "the COFEPOSA").

(2.) THE Petitioner alleges that he is an industrialist, a manufacturer/exporter of Acrylic yarn, blankets and shawls operating in the name and style of M/s Ess Kay International. The Petitioner has two other units namely: M/s. Subal Exports and M/s. Chirag Exports which are export houses recognised by the Director -General of Foreign Trade ("DGFT").

(3.) THEREAFTER , the Petitioner addressed numerous representations to the Respondents, recounting the above mentioned facts and requested them not to act on incorrect advice of the DRI officers and desist from initiating any proceedings under the COFEPOSA. The Petitioner also filed a criminal complaint, under Sections 323, 500, 506, 342, 343 read with Section 34 of the IPC, before a Judicial Magistrate at Ludhiana, alleging wrongful confinement, physical torture, injuries and defamation. The said complaint is pending and evidence is in progress. Despite the Petitioner's innocence the Joint Secretary to the Government of India has passed an order dated 31.3.2005 (Annexure P -1), directing the detention of the Petitioner in the Central Jail at Amritsar, hence, the present petition.