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2006 Supreme(SC) 974

S.B.SINHA, DALVEER BHANDARI
Adishwar Jain – Appellant
Versus
Union of India – Respondent


JUDGMENT

S.B. Sinha, J. - Leave granted.

2. Appellant before us was detained under Section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short "COFEPOSA"). He is the Managing Director of a company, registered and incorporated under the provisions of the Companies Act, known as M/s. Sundesh Springs Private Limited. It was an exporter and held a valid licence therefor. The company was to export products of alloy steel. Upon exporting of alloy steel, it was entitled to credits under the Duty Entitlement Pass Book (DEPB) Scheme introduced by the Government of India with an object of encouraging exports. He allegedly misdeclared both the value and description of goods upon procuring fake and false bills through one Prabhjot Singh. The said Prabhjot Singh was said to have been operating three firms, viz. M/s. S.P. Industrial Corporation, M/s. Aaysons (India) and M/s. P.J. Sales Corporation, Ludhiana. It was allegedly found that non-alloy steel, bars, rods, etc. of value ranging from Rs. 15/- to Rs. 17/- per kg. were exported in the guise of alloy steel forgings, bars, rods, etc. by declaring their value thereof from Rs. 110/- to Rs.





















































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