ASHOK JATIA vs CENTRAL BUREAU OF INVESTIGATION

Judgment text excerpt

IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on:24.02.2025 + CRL.M.C. 4058/2019, CRL.M.A. 33694/2019, CRL.M.A. 9603/2022 & CRL.M.A. 19002/2024 ASHOK JATIA ..... Petitioner versus CENTRAL BUREAU OF INVESTIGATION ..... Respondent Advocates who appeared in this case: For the Applicant : Mr. Sudhir Nandrajog, Sr. Adv. with Mr. Akash Nagar, Ms. Akanksha Chauhan, Ms. Arpita Sharma & Mr. Harshit Ahir, Advs. For the Respondent : Mr. Atul Guleria, SPP with Mr. Shubham Goyal, Mr. Aryan Rakesh &Mr.Pankaj Kumar, Advs. CORAM HON’BLE MR JUSTICE AMIT MAHAJAN JUDGMENT 1. The present petition is filed challenging the order passed by the learned Chief Metropolitan Magistrate (‘CMM’), Rouse Avenue Courts, New Delhi dated 30.07.2019 (hereafter ‘impugned order’) in Complaint Case No. 36/2019, pursuant to which three applications filed by the respondent were allowed. Brief Facts 2. A detention order dated 13.12.1985 under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Signature Not Verified Signed By:SHIKHA SEHGAL CRL.M.C. 4058/2019 Page 1 of 23 Signing Date:25.02.2025 21:30:38 Activities Act, 1974 (hereafter 'COFEPOSA') was passed against Sh. Mohan Lal Jatia, by the Ministry of Finance, Government of India. 3. The wife of the detenu, Smt. Pushpa Devi Jatia challenged the Detention Order dated 13.12.1985 in a Writ Petition which was dismissed by a Division Bench of the Hon’ble Bombay High Court. 4. On 06.05.1986, Smt. Pushpa Jatia filed a Special Leave Petition bearing No. 370/ 1986 before the Hon’ble Supreme Court, challenging the dismissal order passed by the Division Bench of the Hon’ble Bombay High Court, and another Writ Petition bearing No. 363/ 1986 challenging the validity of the Detention Order dated 13.12.1985. In the said WP No. 36