MUSHIRUDDIN KHATALSAB BEPARI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Writ Petition has been filed by the petitioner, who claims to be a nephew of the detenu.

(2.) The detenu has been detained under the provisions of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 by an order of the Detaining Authority dated 6th February, 2008. He was arrested on 19th February, 2008. Prior to this, the detenu had been arrested in connection with a case on 5th April, 2007 and bailed out on 25th April, 2007. The Detention Order was passed on the basis of the material collected by the concerned agency with regard to the alleged smuggling activities of the detenu and placed before the Detaining Authority.

(3.) Briefly stated, according to the respondents, the intelligence agency had gathered information that goods imported at Nhava Sheva Port of certain Delhi-based firms, which were covered by a Bill of Entry for warehousing were being diverted and sold in the market, instead of being taken to the Bonded Warehouses, which were stated to be located in Haryana. As a consequence of this practice, Government was losing huge amount of Customs Duty on such illegal diversion and sale. Intelligence also informed that goods such as copper scrap, brass scrap, zinc ingots, tin sheets, chemicals, dry fruits, betel nuts, gambier, tiles, etc., were imported and cleared in the name of Delhi-based firms like M/s. Ankush Trading, M/s. Kajal Creations, M/s. Span International, M/s. Perfect Trading, M/s. X-cellent Exim Overseas, etc., and were being diverted in a clandestine manner. The detenu was an officer of the Customs Department, and according to the intelligence report, he had a hand in making the diversions possible.