PUTUL PROVO ROY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE petitioner is the mother of one Arko provo Roy ("the detenu" for convenience ). In this petition she has challenged the order of detention dated 17th March, 2004, issued by the Principal secretary to the Government of Maharashtra, Home department under Section 3 (1) of the Conservation of Foreign Exchange and Prevention of Smuggling activities Act, 1974 ("cofep03a" for short) with a view to preventing the detenu in future from smuggling goods.

(2.) THE said order with the grounds of detention and the material in support thereof was served on the detenu on 24th March, 2004 and he was taken in detention.

(3.) SPECIFIC Intelligence was gathered by DRI officers that M/s. Aditya Recycling P. Ltd. Plot no. 216/b, G. I. D. C. Kabilpore, Navsari, Gujarat and m/s. Khaitan Textile Mills P. Ltd. , Plot No. 2001 behind Annapurna Canteen, G. I. D. C. , Ankleshwar, gujarat, both registered as 100% E. O. U ). were involved in massive evasion of duty by resorting to gross misdeclaration of the weight of their export products i. e. Copper and Brass ingots. Intelligence revealed that these units are engaged in fraudulent exports of their finished goods viz. copper and brass ingots by mis-declaring the weight of the goods sought to be exported on a very higher side to the Central Excise and the Custom Authorities i. e. the weight of goods sought to be exported under export obligations was grossly over-declared and actually exporting goods weighing much lower than what was declared an the shipping bills and other documents. Both the above firms were carrying their exports from CWC Dronagiri Node, j. N. P. T.