SUNILA JAIN Vs. UNION OF INDIA

JUDGEMENT

(1.) Leave granted.

(2.) Whether a copy of the bail application is required to be taken into consideration for the purpose of passing an order of preventive detention in terms of Conservation of Foreign exchange and Prevention of Smuggling Activities act, 1974 (hereinafter referred to as 'cofeposa') is the question involved in this appeal which arises out of a judgment and order dated 30th March, 2004 passed by the high Court of Karnataka in Writ Petition No. 92/2003 whereby and whereunder the writ of habeas corpus filed by the appellant was dismissed.

(3.) The appellant's husband D. K. Jain was a licensee under Foreign Trade (Development and Regulation) Act, 1992. He was carrying on business under the name and style of M/s. Amisha International. On or about 9.6.1997 the said firm obtained a letter of permission for manufacturing powder grade silk yarn under the 100% Export Oriented Unit Scheme and Importer Exporter Code issued by the development Commissioner, Cochin Special economic zone (CEPZ). In terms of the said letter of permission the firm was required to fulfill export obligations specified therein and to achieve the value addition. Having obtained an information that the said firm was diverting duty free mulberry raw silk yarn imported under the said scheme to the domestic market for undue monetary gains instead of using the same for manufacturing purpose wherefor the said permission had been granted and in place of exporting powder grade silk yarn, had been exporting bricks and other waste material, raids were conducted at Bangalore and at Cochin port on 29.1.2003. Several incriminating documents and properties were seized.