RAM KISHORE GUPTA Vs. ADMINISTRATOR, U T OF DELHI

JUDGEMENT

(1.) THE petitioner, Ram Kishore Gupta, who is an Advocate of this Court, by this petition under Article 226 of the Constitution of India, challenges the detention order dated 11th February, 1987 passed against him under Section 3(1) read with Section 2(i) of the Conservation of Foreign Exchange and Preservation of Smuggling Activities Act (for short 'COFEPOSA') At the outset it may be noticed that the impugned detention order is yet to be served on the petitioner.

(2.) BEFORE we proceed to deal with the merits of the petition, we may notice that the respondents in their counter -affidavit have taken a preliminary objection to the maintainability of the petition. Their plea is that the petitioner is not entitled to seek quashing of the order before he surrenders to the authority concerned or is detained by virtue of that order. Mr. Lao, learned counsel for the respondent submits that the petition is premature as the impugned detention order and the ground of detention have yet to be given effect to.

(3.) LEARNED counsel has also cited Sh. Abdul Aziz Mohammad v. Union of India, 1984 Crl.L.J. 1307, a division Bench judgment of this Court in support of his arguments. In the said case the petitioner Abdul Aziz, an Indian citizen, was a resident of Dubai and he had filed the petition under Article 226 of the Constitution through his brother seeking setting aside of the order of detention passed against him under Section 3(1) of the COFEPOSA.