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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