JUDGMENT

P. Sathasivam, J.-Leave granted.

2. This appeal is directed against the final judgment and order dated 14.08.2008 passed by the High Court of Bombay in Criminal Writ Petition No. 455 of 2008 whereby the High Court dismissed the petition filed by the appellant herein.

3. Brief facts:

(a) The appellant herein is the brother of the detenu-Shahroz Zakir Hussain Malik. According to the appellant, the Directorate of Revenue Intelligence (DRI), Mumbai Zonal Unit, on the basis of information, initiated investigation into the claim of fraudulent exports allegedly made from Nhava Sheva Port under the Drawback Scheme of the Customs Act, 1962 by a syndicate of persons in the name of fictitious firms.

(b) During the course of investigation, several fictitious firms were identified which had availed the drawback allegedly running into several crores. The DRI, Mumbai arrested about 10 persons and several records/incriminating documents including copies of Shipping bills, Import Export Codes (IEC) etc., were seized.

(c) The role of the appellant’s brother-the detenu also came to light as one of the racketeers who was involved in using fictitious IECs and forged documents for fraudulent e