Judgment

Arijit Pasayat, J.—Union of India and the Joint Secretary (COFEPOSA), Government of India, Ministry of Finance, Department of Revenue, (hereinafter referred to as the ‘detaining authority’) call in question legality of the judgment rendered by the Division Bench of the Calcutta High Court quashing the order of detention passed by the appellant No. 2 under Section 3(1) of Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as the ‘COFEPOSA’) directing detention of Rajen Ghosal (hereinafter referred to as the ‘detenu’).

2. A Habeas Corpus Writ Petition under Article 226 of the Constitution of India, 1950 (in short the ‘Constitution’) was filed by the respondent No.1, the wife of the detenu. The order of detention was primarily based on the ground that on the basis of information received on 8.1.2002 by the Special Investigation Branch, Kolkata Customs, seven containers of (7 x 20) and one container of (1 x 40) were off loaded, from the vessel of Vishakapatnam Port were detained and examined. The allegation was that few Kolkata based exporters have exported on 5.1.2002 readymade garments, ball pens and side rubber wheels gr