MANISH GADODIA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has preferred the present writ petition under Article 226 of the Constitution of India to seek a writ of Certiorari to quash the detention order bearing No. F. NO. 673/06/2014-CUS VIII dated 25.07.2014 (hereinafter referred to as 'the detention order') passed under Section 3(1) (i) & 3(1) (iii) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA Act) against Sh. Anil Gadodia (detenue) the Petitioners brother, and a direction to set at liberty the detenue from detention.

(2.) The Joint Secretary to the Govt. of India, Shri Harmeet S. Singh, passed the detention order in respect of the detenue, therein stating that the detaining authority is satisfied that the detenue be detained "with a view to preventing him from smuggling of goods and in transportation & concealment of the smuggled goods in future ".

(3.) The Grounds of Detention (GoD), inter alia, state that an intelligence was received by the officers of Directorate of Revenue Intelligence (DRI), Jaipur, that a syndicate is involved in illegal storage and then export of red sanders (which is a prohibited item under Appendix II of the CITES (Convention on International Trade in Endangered Species of Wild Fauna and Flora) and as per import-export policy, 2009-14, their export in any form is prohibited). The detenue Mr. Anil Gadodia is allegedly the kingpin of the syndicate involved in export of red sanders.