2020 (2) TMI 627

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.... Mr. Anil Soni, CGSC with Ms. Nidhi Raman, G.P. for R-1 and 2. J U D G M E N T MANMOHAN, J:- (Oral) 1. Present writ petition has been filed challenging the detention order dated 2nd August, 2019 bearing F. No. PD-12002/18/2019-COFEPOSA. 2. Mr. P.S. Narsimha, learned senior counsel for the petitioner submits that the detention order is punitive in nature and was passed by the Detaining ....

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....e Court is reproduced hereinbelow:- The petitioner has knocked at the doors of this Court under Article 32 of the Constitution of India challenging an order dated 15.11.2019 made under the COFEPOSA Act, 1974. In the grounds of detention it is clearly stated that the petitioner appears to be part of a ring of smugglers, and between March, 2013 and March, 2015 731.705 Kgs. of gold were seized, wh....

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....bmits that the 'satisfaction' of the detaining authority is 'subjective' in nature and the Court cannot interfere with the order of detention by substituting its opinion for the subjective satisfaction of the Detaining Authority. In support of his submission, he relies upon the judgment of the Apex Court in Union of India and Anr. Vs. Dimple Happy Dhakad, 2019 SCC OnLine SC 875. 6. Having heard....

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..... 52.35 crores was smuggled into india which was financed by you and Shri Jitendra Rokad and that they had received their share of the profits from the sale of the smuggled gold. These facts were also confirmed by Shri Jitendra Rokad in his statement recorded on 29.06.2019. (emphasis supplied) 7. Keeping in view the aforesaid ground of detention, this Court is of the view that the order of t....