Judgment

Altamas Kabir, J. —

1.Leave granted.

2.On 15th December, 2005, the Joint Secretary (COFEPOSA), Government of India, Ministry of Finance, Department of Revenue, New Delhi, issued an Order of detention against Shri Sanjay Bhandari, the husband of the respondent/writ petitioner, under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, (hereinafter referred to as “COFEPOSA”), to prevent the detenu from smuggling goods in future.

3.The facts which are said to have led to the passing of the detention Order are briefly summarized hereunder.

4.Shri Sanjay Bhandari obtained Export Promotion Capital Goods Scheme (E.P.C.G.) licences as Service Provider in respect of four firms/companies which were floated by him from time to time and imported vehicles at concessional rates for personal use in flagrant misuse of the said licences. The said vehicles were never used for tourist purposes as declared for obtaining the E.P.C.G. licences and the Foreign Inward Remittance Certificate shown by him did not relate to his earnings from the use of the imported cars. In addition to the above, all the vehicles which were imported under the aforesaid li