MAQSOOD YUSUF MERCHANT Vs. UNION OF INDIA

JUDGEMENT

(1.) Leave granted. On 28-12-2001, the applicant was arrested by the Directorate of Revenue Intelligence at Mumbai on the allegation that he, along with one Yusuf Dhanani, had fraudulently prepared bills of lading and cheated the Revenue of a huge amount.

(2.) On 2-1-2002, the appellant was admitted to bail by the High Court. On 22-2-2002, Yusuf Dhanani was arrested and thereafter detained under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as "COFEPOSA"). The order of bail granted to the appellant was challenged in this Court by the State but such challenge was rejected. In between, on 19-3-2002 an order of detention was also passed against the appellant under the aforesaid provisions of the COFEPOSA Act.

(3.) It appears that the order of detention could not be executed against the appellant and in July 2006, the appellant challenged the same before the Delhi High Court and while the matter was pending, the appellant and the other detenu approached the Settlement Commission appointed under the Customs Act, 1962 on 13-7-2007 and, ultimately, the matter was settled by an order passed by the Settlement Commission on 11-9-2007.