KIRAN ICHHA KAUR BHASIN Vs. DIRECTOR GENERAL

JUDGEMENT

(1.) This writ petition has been filed by daughter of the detenue viz., Gurmeet Singh Kohli (hereinafter referred to as the 'detenue'), in which challenge has been made to order of detention dtd. 23/2/2021 passed under the provisions of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as 'the Act' for short). In order to appreciate the petitioner's challenge to the impugned order, relevant facts need mention, which are stated infra.

(2.) The detenue claims to be an exporter of 'Indian Hand Knotted Silk Carpets'. The officers of Directorate of Revenue Intelligence, Bengaluru gather specific intelligence to the effect that M/s Terrain Overseas India, M/s Truecom Multi Ventures Pvt. Ltd. and M/s Sunvistaa Trading Pvt. Ltd. were mis-declaring the description and value of goods in the shipping bills filed by them for export of the same in order to fraudulently claim duty drawback and IGST refund benefits. Thereafter, on 6/1/2020 a search was conducted at the residential premises of the detenue and during the course of the search, the statement of detenue was recorded. During the course of the search, the detenue voluntarily handed over his three mobile phones to the officers of Directorate of Revenue Intelligence for investigation. An order of detention under Sec. 3(1) of the Act was passed on 23/2/2021 against the detenue with a view to prevent him from smuggling goods, abetting the smuggling of goods and dealing in smuggled goods otherwise than by engaging in transporting of concealing or keeping smuggled goods.

(3.) The order of detention was served on the detenue. The grounds of detention along with documents and copies of statements were supplied to the detenue on 19/9/2021. Being aggrieved by the order of detention, the detenue submitted a representation before the Advisory Board, which in its report dtd. 21/10/2021 opined that reasons recorded by the detaining authority was sound and proper. During the pendency of the writ petition, the Central Government by an order dtd. 8/11/2021 has confirmed the order of detention. In the aforesaid factual background, this petition has been filed.