SHEETAL MANOJ GORE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The instant Habeas Corpus petition has been filed by the petitioner Sheetal Manoj Gore, wife of Manoj Arjun Gore (the detenu) impugning the order of detention passed u/s. 3(1) of Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 on 27.01.2006. The order of detention has been challenged mainly on three grounds namely, delay in passing the order of detention, non-application of mind by the detaining authority and supply of documents in a language which he did not understand.

(2.) According to the petitioner, the detenu is the proprietor of M/s. Manoj Enterprises. It is stated in the impugned grounds of detention that the detenue acted as an agent of some exporters and was found to be involved in fraudulent exports made by those exporters. On a perusal of the order of detention it would appear that goods seized were found to be mis-declared as to their nature and value. Some of the seized goods were goods cleared without payment of Central Excise duty from factories declaring them as meant for export but diverted to local market. In the corresponding airway bills the goods were described as "Industrial Raw Material" as against their specific names. On a consideration of all the material placed before her the detaining authority was satisfied that the petitioner had played a very crucial role in perpetuating the whole fraud on the revenue alongwith two others. The detenu had, therefore, actively aided and abetted the smuggling of the goods as defined by Sec. 2(39) of the Customs Act, 1962, and as adopted in the COFEPOSA Act, 1974 vide Sec. 2(e) thereof. Considering the nature and gravity of the offence and the well organized manner in which the detenu was engaged in prejudicial activities, with a view to prevent him in future from abetting smuggling of good, it was necessary to detain him under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974.

(3.) It is the case of the petitioner that the first statement of the detenu was recorded u/s. 108 of the Customs Act by the officers of the DRI on 29.03.2005. Thereafter, several statements of his were recorded, the last on 28.04.2005. Similarly, the statements of his accomplices were also recorded between March and June, 2005. The detenu was arrested on 30.03.2005 in connection with a criminal case registered against him but he, as well as one of his accomplices, was released on bail on 12.04.2005. On 10.01.2006 the impugned order of detention was passed.