JUDGMENT

R.V. Raveendran, J. - Leave granted in SLP (Crl.) No.3012/2006.

The preventive detention of one Sandip Agarwal (detenu for short) under section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA Act for short) is under challenge in these two matters, namely, criminal appeal by special leave against the judgment dated 21.4.2006 in Writ Petition No.23908/2005 of the Calcutta High Court and a petition seeking a writ of habeas corpus under Article 32 of the Constitution of India. Both have been filed by the mother of the detenu.

2. The facts, in brief, leading to the preventive detention of the detenu, as gathered from the grounds of detention, are as follows - Sandip Agarwal, the detenu, was the Director in-charge of the management of M/s Sandip Exports Ltd., the other Directors being his family members. On receipt of information about irregularities committed by the detenu, a search of the premises of Sandip Exports Ltd. was conducted by the Directorate of Revenue Intelligence on 7.11.2003. The search and the investigations disclosed that M/s. Sandip Exports Ltd. had obtained two Annual Advance Licences dated 28.3.2001 and 2