FARHA HUSSAIN Vs. UNION OF INDIA & ORS

JUDGEMENT

(1.) This is a petition under Article 226 of the Constitution of India filed by the wife of Mr. Sharafat Hussain (hereafter "the Detenue") seeking the quashing of a detention order No. F. No. PD/12002/01/2017-COFEPOSA dated 2nd January 2018, issued by the Joint Secretary to the Government of India, COFEPOSA Unit, Central Economic Intelligence Bureau in the Department of Revenue, Ministry of Finance, Government of India under Section 3 (1) of the Conservation of Foreign Exchange and Prevention of Smuggling Act (COFEPOSA Act) by which the Detenue was ordered to be detained and kept in Tihar Jail, New Delhi.

(2.) It must be mentioned at the outset that the aforementioned detention order stood confirmed by the Advisory Board in terms of a Report dated 16th March, 2018 and the said decision was communicated to the Detenue by a Memorandum dated 21st March, 2018 issued by the Deputy Secretary, COFEPOSA stating that his representation dated 24th January, 2018 had been rejected. This Memorandum was served on the Detenue in the Tihar Jail on 23rd March, 2018. On an oral prayer, the Court has permitted the Petitioner to challenge the said memorandum dated 21st March 2018 in these proceedings.

(3.) The background to the present petition is that the Director General of Foreign Trade ("DGFT"), Ministry of Commerce issues licenses to exporters in various schemes as an incentive to them for making exports and increasing quantum of the same. The licenses are also called "scripts" and carry a monetary value. They can be utilized for payment of import duty or for the import of any item which is in the Open General List ("OGL") i.e. freely importable. These scripts are a tradable commodity by themselves. The scripts have to be registered by exporters with the Customs Department on the Electronic Data Interface ("EDI").