SAIRA ZACKIRA Vs. JOINT SECRETARY

JUDGEMENT

(1.) Petitioner, the wife of the detenu, Mohammed Zackria, challenges the order of detention dated 26.12.2002 passed by the first respondent against her husband, under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974.

(2.) The detenu is running a Proprietary firm in the name and style of M/s. Softworrld, engaged in the process of manufacturing blankets made out of artificial fur lining. The raw material meant for the purpose of manufacturing the blankets has been imported by his firm under the D.E.E.C. Licence (Direct Export Entitlement Certificate) Scheme.

(3.) On the basis of the allegation that the detenu, having imported consignments of artificial fur lining free of duty, has not exported them and thereby failed to comply with the requirement of export obligation and on the basis of the other materials gathered, the first respondent-detaining authority was subjectively satisfied that the activity of the detenu amounted to smuggling as defined under Section 2(39) of the Customs Act, 1962 and coming within the meaning of Section 2(e) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 and the goods involved, therefore, had become liable for confiscation under Sections 111(d), (m) and (o) of the Customs Act, 1962. The first respondent further satisfied that considering the high propensity and potentiality of the detenu to indulge in such activities in future, the detenu should be detained under COFEPOSA Act, 1974 and accordingly passed the order of detention. The order of detention was executed and the detenu was put in prison on 24.1.2003 and he in prison since then. The said order of detention is now under challenge.