MAHESH RAMDAS JEJURKAR Vs. UNION OF INDIA

JUDGEMENT

(1.) Detenu-Rakesh Ramdas Jejurkar, detained by the Joint Secretary to the Government of India, under the provisions of Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short, "COFEPOSA Act") on 03/10/2023, has approached this Court through the Petitioner, his brother, seeking a Writ of Habeas Corpus or any other appropriate writ for quashing and setting aside the impugned order.

(2.) Rule was issued on 10/11/2023 and by consent of the parties, we have taken the Petition for final hearing. We have heard Ms.Ansari for the Petitioner and Mr.Sandesh Patil for the Respondent Nos.1, 2 and 4.

(3.) The Detaining Authority, being the Joint Secretary to the Government of India, in exercise of powers conferred under Sec. 3(1) of COFEPOSA Act, directed detention of the detenu, since he was satisfied that it was necessary to detain him, with a view to prevent him from smuggling of goods, abetting the smuggling of goods and engaging in transporting or concealing or keeping smuggled goods in future. Pursuant to the order of detention being passed, the detenu was communicated the grounds for detention, which comprised of the report forwarded by the Sponsoring Authority i.e. the Directorate of Revenue Intelligence, Mumbai Zonal Unit. By referring to the material, the Detaining Authority arrived at the conclusion that the detenu is habitual offender and the material put forth by DRI, including seizure made and the confessional and corroborative statement, brought about sufficient material about his role as a key player in and being an organiser of smuggling of Areca nuts from Dubai in India. In a systematic manner, he was co-ordinating and arranging in conjunction with an overseas entity. The Detaining Authority, from the material placed before him, took note of the manner in which the detenu meticulously planned the entire modus operandi of smuggling areca nuts by mis-declaring the same as other goods such as 'quick lime lumps' or 'gypsum powder' and the smuggled areca nuts would get replaced by the declared goods, while in transit from the port to the CFS area and it was diverted into the domestic market.