HC denies relief to NRI against detention order

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New Delhi, May 21 (UNI) The Delhi High Court has dismissed a petition of a Dubai-based NRI challenging the Central government's detention order under Conservation of Foreign Exchange and Prevention of Smuggling Activities (COFEPOSA) passed in 2002.

Hearing Maqsood Yusuf Merchant's prayer for relief, a division bench of Justices Vikramjit Sen and Rajiv S Endlaw on Monday rejected the petition on the ground that the detention order was yet to be executed upon him under the COFEPOSA.

The judgement read further, ''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 it is executed on him.'' Merchant apprehended detention by Indian authorities on the basis of the detention of one Mohd Yusuf Abdul Razak Dhanani in 2002.

Mumbai DRI accused Dhanani of smuggling goods. He sent two consignments of chemicals from Mumbai to Merchant's UK residential address in 2001, according to the DRI.

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, the DRI alleged.

Merchant contended that the Indian Government could not pass detention order against him as he is a Dubai national.


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