BHAWANI VERMA Vs. UOI AND ORS.

JUDGEMENT

(1.) The petitioner has preferred the present writ petition under Article 226 of the Constitution of India to seek a writ in the nature of Certiorari to quash the detention order bearing F.No.673/13/2015- Cus.VIII dated 27.04.2015 passed under Section 3(1)(i) and 3(1)(iii) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter mentioned as "COFEPOSA") against Sh. Deepak Verma (detenue)- the petitioner's husband and a direction to set at liberty the detenue from detention.

(2.) Vide impugned detention order dated 27.04.2015, detenue namely Deepak Verma was ordered by the respondent No.2, the Joint Secretary to the Government of India, to be detained and kept in custody in Central Jail, Tihar, New Delhi with a view to prevent him from smuggling of goods, transportation and concealment of the smuggled goods in future.

(3.) The facts giving rise to the present writ petition are that an information was received by the Directorate of Revenue Intelligence (DRI) that one syndicate was involved in illegal storage and illegal export of "Red Sanders woods" (Pterocarpus Santalinus) which is a prohibited item for export under the Foreign Trade Policy read with CITES. It was alleged that one Pawan Gupta and Deepak Verma were the kingpin of the syndicate who were procuring sanders from South India and illegally exporting the same in containers through ICD, Tughlakabad by concealing the same with other items declared in the shipping bill. The illicit export of red sanders to Sharjah, UAE was being attempted in container No.TTNU-3869887/20 under the guise of "Acrylic Bath Tubs and Bath Tub Accessories" under shipping bill No.0018327 dated 16.10.2014 which was filed in the name of M/s Acqua Plus Global, Plot No.3, NSEZ, Noida. Said container was examined vide panchnama dated 21.10.2014 and 24.10.2014. On its examination, 12820 kgs of red sanders wood valued at Rs.6 crore was found apart from bath tubs. Residence of Anil Kumar Singh alleged accomplice of detenue was searched on 25.10.2014 and certain documents, a laptop and a pen drive were seized. He was taken to the godown at Bakhtawarpur, New Delhi where persons, namely, Thindu Sherpa, Manju Nath and Bobby were found. In the said godown, red sanders wood was also found. In their statements, Thindu Sherpa, Bobby and Manju Nath stated that they were working for the detenue, Pawan Gupta and his partner Bhimendra Kumar Goel and one Shankar who was allegedly engaged in the buying and selling of red sanders at Bengaluru in the alleged crime. Anil Kumar Singh, Thindu Sherpa, Babu @ Bobby and Manjunath were arrested on 28.10.2014 and the DRI filed a complaint under Section 132, 135(1)(a),(b) & (c) of the Customs Act, 1962 against all of them on 24.12.2014 before the Ld. CMM, New Delhi.