SUSHILA AGGARWAL Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner's husband, Pawan Kumar, was first arrested on 16.7.2001 u/s 132 and 135 of the Customs Act and was later let off on bail and finally detained vide detention order dated 9.10.01 passed u/s 3(1) of COPEPOSA to prevent him from smuggling goods in future. This order was served on him on 10.10.2001, but grounds of detention and other relied upon documents were, however, supplied to him on 20.10.2001 within 11 days instead of ordinarily within five days from the date of detention as prescribed by Section 3(3). He made a representation against the detention which was rejected. His case was referred to the Advisory Board which affirmed his detention and which was finally approved by the Government.

(2.) The detenu's detention is sought to be primarily challenged on :-

(3.) Respondents counter says that detenu was involved in exporting large consignments of silk tops in 10 Shipping Bills under Duty Entitlement Pass Book (DEPB)-cum-Drawback Scheme, each SB having FOB value of Rs. 1.86 crores approximately and that goods were exported on the basis of manual Let Export Order (LEO) in an unauthorised manner. Preliminary investigations revealed that the detenu's firm M/s.Zap Fashion had filed 14 Manual SBs for export of 100% silk ladies tops for a total FOB value of Rs.74.40 crores but actual exports had, however, taken place against 10 SBs only. The investigations had revealed that all the cartons were packed with rags and chindies and there was no case where 'ladies silk tops' declared in the SB/invoice was found in the export consignment and it was in this background that the detenu was ordered to be detained to prevent him from indulging in smuggling activities by the detaining authority on consideration of all relevant material and on deriving requisite satisfaction.