RASHID KAPADIA Vs. MEDHA GADGIL

JUDGEMENT

(1.) By this Petition under Article 226 of the Constitution of India, Mr. Rashid Kapadia, father of Khalil Ahmed Rashid Ahmed Kapadia, (hereinafter referred to as the "detenu") has challenged the order of detention bearing No. P. S. A. 121 l/CR-17(2)/SPL/3 (A) dated 20-7-2011. The said order is passed by the 1st respondent - Principal Secretary (Appeals & Security) Government of Maharashtra, Home Department, Mantralaya, Mumbai (for short hereinafter referred to as the "Detaining Authority") under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short COFEPOSA Act). Heard Mr. D. S. Mhaispurkar, learned Counsel for the petitioner and Mr. J. P. Yagnik, learned APP for the Respondents at length. Rule. Mr. Yagnik waives service. By consent of the parties, Rule is made returnable forthwith and the petition is taken up for final hearing.

(2.) The facts and circumstances, giving rise to the filing of the present writ petition, briefly stated are as under:-

(3.) During the course of investigation, the statements of the detenu and Sarvashri Ashok Pandurang Dhakane, Bala Baburao Jadhav, Sanjay Nivrutti Waghmare and Sayed J. Naimuddin were recorded under Section 108 of the Customs Act, 1962. They admitted wrong declaration on shipping bills. The said Waghmare and the detenu admitted that shifting of export goods on the Warehouse through his associate to-Shed No. 3, D-Node CWC Warehouse, JNPT, Uran. The sealed samples of the goods covered under the 8 shipping bills drawn under the panchanama dated 29-10-2010 were forwarded to Textile Laboratory and Research Centre on 11-11-2010 for testing the composition and criteria of the said items viz. Dupattas and Sarong. The samples were also sent to the Government Approved Valuer, Thane on 12-11-2010 for valuation. As per the valuation report, the value was determined as Rs 10/- per piece of Dupatta and Rs 20/- per piece for Sarong, as compared to the declared value of Rs 351.34 and Rs 280.78 of the respective items. The officers were of the view that the declaration was considerably very low and accordingly, the goods were seized. It is the case of the revenue that the detenu is the cousin of Sayed Naimuddin, proprietor of M/s. Noble Impex and associate, and attempted to export the overvalued articles for the purpose of getting high drawback.