PINKY SHARMA 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. 673/07/2014 -CUS VIII dated 25.07.2014 (hereinafter referred to as 'the detention order') passed under Section 3(1) (i) and 3 (1) (iii) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA Act) against Mr. Rameshwar Sharma (detenue) - the petitioner's husband, 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 and concealment of the smuggled goods in future ".

(3.) THE Grounds of Detention (GoD), inter alia, state that an intelligence 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).