DEVINDER KUMAR @ DEV KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS petition has been filed by the detenu Devinder Kumar alias Dev Kumar son of Shri Laxmi Saran, under Articles 226/227 of the Constitution of India for quashing the detention order No. 673/31/95-CUS.VIII dated 5.4.1995 (Annexure P-1), passed by respondent No. 2 in exercise of the powers conferred by sub-section (1) of Section 3 of the Covervation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as 'the COFEPOSA') and with a prayer that he be released forthwith.

(2.) THE allegations on the basis of which the impugned detention order has been passed can be gathered from the grounds of detention (Annexure P.2).

(3.) THE petitioner was arrested under section 35 of the FERA on 7.12.1994 and was produced before the Chief Judicial Magistrate, Jalandhar, on 8.12.1994, who remanded him to the judicial custody. Certain bail applications moved by the petitioner were rejected, but ultimately on 6.12.1995, the petitioner was released on bail by the Judicial Magistrate, Jalandhar.