LAKSHMAN SINDHI AND ORS. Vs. UNION OF INDIA

JUDGEMENT

(1.) Lakshman Sindhi S/o. Late Ramchander and his brother Kishore Sindhi have preferred two separate writ petitions in this court bearing D.B. Criminal Writ Petition No. 40/2013 and D.B. Criminal Writ Petition No. 41/2013. In both the writ petitions filed under Article 226 of the Constitution of India, they have prayed that writ in the nature of certiorari be issued and impugned orders dated 30.5.2013 and 16.7.2013 whereby the petitioners were ordered to be detained and kept in custody in Central Jail, Jaipur with a view to prevent them to indulge in smuggling activity in future, be quashed. On 16.7.2013, Joint Secretary, Ministry of Finance, Department of Revenue, Central Economic Intelligence Bureau (COFEPOSA Unit) had passed orders under Subsection (1) of Sec. 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 for detaining the petitioners. Petitioners before their arrest at pre -execution stage have approached this court praying that the above said two impugned orders be quashed.

(2.) Petitioners alongwith the writ petitions have annexed various show cause notices issued to them from time to time. Annexure -1 is photocopy of the show cause notice dated 17.10.2011, Annexure -2 is photocopy of the show cause notice dated 24.10.2011, Annexure -4 is photocopy of the show cause notice dated 24.4.2012 and Annexure -5 is photocopy of the revised show cause notice dated 18.1.2013 served upon the petitioners. A perusal of the show cause notices issued to the petitioners reveal that certain consignments purportedly comprising of Glass Chatons and Iridium arrived as a postal parcel through Foreign Post Office, Jaipur in the name of M/s. Esdire International, House No. 2305, Ghee Walon Ka Rasta, Johari Bazar, Jaipur. Postal parcels bearing EMS No. 055266881 HK and 055266895 HK were consigned to M/s. Esdire International. Case of the Department is that in case of goods imported through post, it is mandatory as per Sec. 82 of the Customs Act, 1962 that label or declaration should be accompanied with description, quantity and value of goods for the purposes of entry. In the present case, Iridium weighing 6.080 kg seized by the Directorate of Revenue Intelligence was not specified in the declaration as required under Sec. 82 of the Customs Act, 1962 and was in excess of goods viz. Glass Chatons included in the entry. The Department seized iridium weighing 6.080 kg., market value of which was approximately Rs. 1.0 crore. Such seizure was made under Sec. 111(i) & (m) of the Customs Act, 1962. During investigation it surfaced that previous eleven consignments cleared under eight invoices contained in excess 57.04 kg. goods suspected to be Iridium and same were not declared as per the declaration prescribed under Sec. 82 of the Customs Act, 1962. The Department had formulated an opinion that in case petitioners are not detained as a preventive measure, they will continue to indulge in similar smuggling activities in future.

(3.) Notice of the writ petitions was issued. Joint Secretary (COFEPOSA), Central Economic Intelligence Bureau, Department of Revenue, Ministry of Finance, Government of India, New Delhi filed a counter affidavit to the writ petition. In the said counter affidavit, it has been averred that the Directorate of Revenue Intelligence (DRI -Sponsoring Authority) had found sufficient material regarding involvement of proposed detenues in the smuggling activities and they had also taken into consideration the propensity of the petitioners to indulge in the smuggling activities in future and thus, the detaining authority had issued detention order dated 30.5.2013 against the petitioners with a view to prevent them from engaging themselves in smuggling of goods in the future.