RAMANPREET KAUR Vs. UNION OF INDIA

JUDGEMENT

(1.) Present petition has been filed by the sister of the detenue - Ramanpreet Kaur seeking release of her detained brother - Gagan Jot Singh. The petitioner prays for an issuance of a writ in the nature of certiorari to quash Detention Order dated 11th March, 2019 passed against the detenue under Section 3(1) of Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as COFEPOSA) by respondent No.2 as well as order dated 07th June, 2019 passed under Section 8(f) of COFEPOSA whereby the Central Government had confirmed the Detention Order dated 11th March, 2019.

(2.) Mr. Rakesh Tiku, learned senior counsel for the petitioner stated that the alleged recoveries in the present case had been falsely attributed to the detenue inasmuch as the concerned officer had illegally clubbed all the recoveries made from four different passengers and attributed the same to the detenue. He also pointed out that since the drones had been recovered from three checked-in bags having no luggage tags, implantation of the same could not be ruled out.

(3.) Learned senior counsel for the petitioner submitted that COFEPOSA had been wrongly invoked in the present case. In support of his submission, he relied upon the notification F.No.671/14/2012 Cus. VIII dated 3rd August, 2012 passed by Ministry of Finance, Department of Revenue wherein it has been stated that COFEPOSA cannot be invoked until the attempted duty evasion is Rs. 50 lakhs or the value of the goods is Rs. 2 crores. He emphasized that the value of the recovered goods in the present case had been exaggerated and the market value of the same was much less than Rs. 50 lakhs. He stated that even if the value attributed by the respondents is to be believed at Rs.1.09 crores, the same falls short of the prescribed amount in the aforementioned Notification.