HC rejects NRI’s plea challenging Centre’s detention order

New Delhi (PTI): The Delhi High Court has dismissed a petition filed by a suspected NRI smuggler challenging the Central government’s detention order under COFEPOSA passed in 2002.
A division bench of justice Vikramjit Sen and justice Rajiv S Endlaw on Monday rejected the petition filed by Maqsood Yusuf Merchant, presently based in Dubai, on the ground that the detention order was yet to be executed upon him under the Conservation of Foreign Exchange and Prevention of Smuggling Activities (COFEPOSA).
“The petition is not maintainable at this stage since it is not open to the petitioner to challenge the impugned order till such time that is executed on him,” the bench said in its judgement.
A petition was filed by Merchant, wanted by Mumbai DRI, apprehending his detention by Indian authorities on the basis of the detention of one Mohd. Yusuf Abdul Razak Dhanani in 2002.
According to DRI, Dhanani was allegedly involved in smuggling activities. He was sending two consignments of chemicals from Mumbai to Merchant’s UK residential address in 2001.
Merchant is at present running a firm named Super Chemical at Dubai Tower but he imports chemicals from India to England in his sister’s name, DRI alleged.
Merchant contended that the Indian government could not pass detention order against him as he is a Dubai national.
Wednesday, May 21, 2008
http://www.hindu.com

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