AJAY KUMAR SAINI Vs. UNION OF INDIA

JUDGEMENT

(1.) The validity of the continued detention of Shri Ram Kumar Saini, father of the present petitioner under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short, hereafter referred to as 'the COFEPOSA Act'), is under assailment, as being violative of Article 21 & 22 of the Constitution of India.

(2.) We have heard Ms. Sangita Bhayana and Mr. Suresh Sharma, the learned counsel for the petitioners and Mr. Tej Prakash Sharma, Special Public Prosecutor for the respondent-Union of India.

(3.) A brief outline of the pleaded facts, being indispensable, has to be sketched at the threshold. The detenu, Shri Ram Kumar Saini has been arrested by the Officials of Police Station Mukundgarh, District Jhunjhunu, Rajasthan on 29.07.2013, pursuant to the order dated 02.05.2011 passed by the Additional Chief Secretary, Home (Group-9) Department, Government of Rajasthan, in exercise of powers under Section 3(1) of the COFEPOSA Act and since then, he is lodged in Central Jail, Jaipur. As the order of detention would reveal, the same was passed as the Detaining Authority was satisfied that with a view to prevent him from activities of keeping concealing and transporting of smuggled goods and abetment of smuggling of goods, it was necessary to invoke the provisions of the COFEPOSA Act. Noticeably, there is a considerable time lag between the order of detention and his arrest.