RAMESH CHANDRA KHURANA Vs. UNION OF INDIA

JUDGEMENT

(1.) RULE D.B.

(2.) In this habeas corpus writ petition under Article 226 of the Constitution, the petitioner, Ramesh Chandra Khurana, challenges the order made by the Joint Secretary to the Government of India (hereinafter referred to as "the detaining authority") under section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (as amended) (for short "the COFEPOSA") . The order of detention dated 12 November 2003 was served on the petitioner on 18 November 2003 along with grounds of detention of even date, formulated by the detaining authority, based on his subjective satisfaction that it was necessary to detain the petitioner with a view to prevent him from smuggling goods in future.

(3.) Briefly stated, the facts, as can be culled out from the grounds of detention, which are in the narrative form, are as follows: On the basis of specific information, gathered by the Directorate of Revenue Intelligence, New Delhi to the effect that the petitioner, a Director of one M/s.Sun Informatics Pvt. Ltd., New Delhi, was engaged in the smuggling and sale of high value computer parts, it came to light that the petitioner had imported a small quantity of high value computer parts and other low value parts, packaging material and computer accessories through the legal channel. The documents of customs clearance gathered from such legal imports, especially of high value computer parts, were being used by him to provide a cover for the smuggled consignments of similar computer parts, being brought clandestinely by different carriers from Nepal. The original packing material of such parts, separately imported legally, was being utilized for packing smuggled computer parts in an attempt to pass off the smuggled goods as legitimately imported original/OEM parts. The information so collected also revealed that one Shri Bhagwan Maheshwari and Gaurav Khurana @ Shekhar were assisting the petitioner in this activity of illegal acquisition and sale of computer parts by taking delivery of the smuggled goods from the carriers; looking after payments and recoveries and supervising the repacking of smuggled goods at the residence of the aforesaid Shri Bhagwan Maheshwari.