Delhi High Court - Orders
Hira Singh vs Union Of India Through Its Director ... on 6 November, 2023
Author: Manmohan
Bench: Manmohan
$~39
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 3176/2023
HIRA SINGH ..... Petitioner
Through: Mr.Rahul Raheja with Mr.Rohit
Raheja and Mr.Gaurav Prakash,
Advocates.
versus
UNION OF INDIA THROUGH ITS DIRECTOR GENERAL
CENTRAL ECONOMIC INTELLIGENCE BUREAU GOVT OF
INDIA MINISTRY OF FINANCE DEPARTMENT OF REVENUE
& ANR. ..... Respondents
Through: Mr.Anurag Ahulwalia, CGSC with
Mr.Kaushal Jeet Kait, Mr.Jatin
Yadav, Mr.Parimal Bhatia and
Mr.Daksh Gutpa, Advocates for UOI.
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
HON'BLE MS. JUSTICE MINI PUSHKARNA
ORDER
% 06.11.2023 C.M.No.29460/2023
1. Exemption allowed, subject to all just exceptions.
2. Accordingly, the application stands disposed of. W.P.(CRL) 3176/2023
3. Present writ petition has been filed seeking issuance of a writ or order for quashing and setting aside the impugned detention order dated 10th October, 2023 issued by the respondent no. 2 against the petitioner under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 ('COFEPOSA Act'). Vide the detention order, the petitioner was directed to be detained at Central Jail, Tihar, Delhi This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/11/2023 at 22:51:14 on account of smuggling of e-cigarettes and poppy seeds from Nepal to India.
4. Learned counsel for the petitioner states that the alleged detention of the petitioner is in violation of Article 22(5) of the Constitution of India read with Section 3(3) of COFEPOSA Act on account of non-supply of vital documents.
5. Issue notice. Mr.Anurag Ahulwalia, CGSC accepts notice on behalf of UOI. He prays for and is permitted to file a counter affidavit within four weeks. Rejoinder affidavit, if any, be filed before the next date of hearing.
6. List on 24th January, 2024.
MANMOHAN, J MINI PUSHKARNA, J NOVEMBER 6, 2023 KA This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/11/2023 at 22:51:14