ADARSH PAL SINGH Vs. UNION OF INDIA
LAWS(DLH)-2014-8-102
HIGH COURT OF DELHI
Decided on August 21,2014

ADARSH PAL SINGH Appellant
VERSUS
UNION OF INDIA Respondents




JUDGEMENT

VIPIN SANGHI, J. - (1.)THE petitioner has preferred the present writ petition under Article 226 of the Constitution of India to seek a writ of Habeaus Corpus and Certiorari, for his release from detention and to seek the quashing of the detention order dated 12.12.2012 passed under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA Act) by the Secretary to the Government of India, and the confirming order dated 05.03.2013 passed on the advice of the Advisory Board.
(2.)WE may notice that the period of detention has expired on 12.12.2013. Consequently, the relief of Habeaus Corpus sought by the petitioner to seek his release from detention has become infructuous. However, the petitioner has pursued the petition to avoid other adverse consequences arising from the impugned detention order.
The petitioner was preventively detained under Section 3 (1) of the COFEPOSA Act. The order of detention dated 12.12.2012 stated that the detaining authority is satisfied that the petitioner be detained ''with a view to prevent him from engaging in smuggling, transporting, concealing and keeping the smuggled goods in future ..... ..... ..... ''.

(3.)THE case of the petitioner is that he came from Bangkok on 20.05.2012, when he checked in hotel ''My Inn '' at 904, Chandiwali, Main Bazaar, Pahar Ganj, Delhi. The petitioner states that on the same day, some persons - identifying themselves as Directorate of Revenue Intelligence (DRI) Officers, came to the petitioner 's room and alleged that he is carrying Fake Indian Currency Notes (FICN). The petitioner was arrested upon a case being registered against him under the Customs Act, 1962. On information from the DRI, the Central Bureau of Investigation (CBI) also registered First Information Report (FIR) under Sections 489B and 489C of Indian Penal Code (IPC) against the petitioner.


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