SHRI VINOD KUMAR PATHROR vs UNION OF INDIA AND ANR.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 27.01.2026 Pronounced on: 27.02.2026 + W.P.(CRL) 923/2022 SHRI VINOD KUMAR PATHROR .....Petitioner Through: Mr. Arvind Kumar Sharma, Sr. Adv. with Mr.Aniteja Sharma and Mr. Arijit Singh, Advs. versus UNION OF INDIA AND ANR. .....Respondents Through: Mr. Amit Tiwari, CGSC with Mr. Ayush Tanwar, Ms. Ayushi Srivastava and Mr. Arpan Narwal, Advs. for UOI. Mr. Aditya Singla, SSC, CBIC with Mr. Shreya Lamba, Adv. for R-2. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MR. JUSTICE RAVINDER DUDEJA JUDGMENT NAVIN CHAWLA, J. 1. The present Writ Petition has been filed under Article 226 of the Constitution of India, seeking the quashing of the detention order bearing F. No. PD12002/02/2017- COFEPOSA dated 02.01.2018, issued by the Joint Secretary to the Government of India, COFEPOSA Unit, Central Economic Intelligence Bureau in the Department of Signature Not Verified Digitally Signed W.P.(CRL) 923/2022 Page 1 of 21 By:REYMON VASHIST Signing Date:27.02.2026 16:27:10 Revenue, Ministry of Finance, Government of India (hereinafter referred to as the „impugned order‟) under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as the „COFEPOSA Act‟), by which the petitioner was ordered to be detained and kept in Tihar Jail, New Delhi. 2. The petitioner has also challenged the order dated 12.12.2019 passed by the learned Chief Metropolitan Magistrate (CMM), Patiala House Courts, New Delhi in Case no. 14556/2018, titled Customs v. Vinod Kumar Pathror, declaring the petitioner as a Proclaimed Offender pursuant to proceedings initiated under Section 7(1) (a) of the COFEPOSA Act. 3. The challenge to the detention order is admittedly at the pre- execution stage, a