MADHU KHANNA MADHU KHANNA Vs. ADMINISTRATOR UNION TERRITORY OF DELHI:ADMINISTRATOR UNION TERRITORY OF DELHI

JUDGEMENT

(1.) Smt. Madhu. Khanna has filed the special leave petition against the judgment of the Delhi High Court dismissing her application under Art. 226 of the Constitution praying for quashing the detention of her husband by the order dated December 11, 1985 under S. 3(1) read with S. 2(f) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, hereinafter referred to as 'the COFEPOSA Act', and also for the quashing of the declaration dated February 14, 1986 made under S. 3(1) of the COFEPOSA Act. She has also filed a writ petition under Art. 32 of the Constitution challenging the validity of both the aforesaid orders. A rule nisi has been issued on the writ petition.

(2.) As prayed for, the special leave is granted. However, as elaborate arguments have been made by the learned Counsel of the parties, we proceed to dispose of the appeal on merits. Needless to say, the disposal of the appeal will mean disposal of the rule nisi.

(3.) The detenu, Viswa Nath Khanna, was a clearing agent. It is not disputed that he used to arrange for the import of foreign goods for the, staff of the Afghan Embassy in India. It appears from the grounds of detention that on May 18, 1985 two air conditioners had arrived from Hongkong in the name of one Ashok Kumar of Afghan Embassy. On suspicion, the consignment was opened and it was found that the rear panel of one of the air conditioners had within it a metallic box which was not a part of the air conditioner, and that the box contained 195 gold biscuits (10 tolas each). The said. air conditioners were imported by the detenu for the said. Ashok Kumar and were taken to the residence of the detenu from the airport. It was in the back-ground of the above facts that the detention order was made.