A detenu under COFEPOSA has no inherent right to legal representation in Advisory Board proceedings unless the Detaining Authority is represented, and failure to furnish all relied upon documents does not nullify the legality of detention.

JUDGMENT :

M.M. SUNDRESH, J.

1. The petitioners being aggrieved over the impugned judgments dated 19.12.2025 rendered by the Division Bench of the High Court of Karnataka upholding the Detention Orders dated 22.04.2025, issued in exercise of the powers under Section 3(1) of the CONSERVATION OF FOREIGN EXCHANGE AND PREVENTION OF SMUGGLING ACTIVITIES ACT , 1974 (for short, ‘COFEPOSA Act’) are before us praying that the detenus-Smt. Harshavardhini Ranya in SLP (Criminal) No. 24/2026 and Shri Sahil Sarkariya Jain in SLP (Civil) No. 1484/2026 be set at liberty.

2. Heard Mr. Amol B. Karande and Mr. T. Chezhiyan, learned counsel appearing on behalf of the petitioner-Priyanka Sarkariya in SLP (Civil) No. 1484/2026 and Mr. R. Basant, learned Senior Counsel appearing on behalf of the petitioner - H.P. Rohini in SLP (Criminal) No. 24/2026 and the learned Additional Solicitor General of India (‘ASG’) appearing on behalf of the respondents. We have also perused the records and relevant documents necessary for the adjudication of the present Special Leave Petitions.

FACTUAL BACKGROUND

3. It is the specific case of the respondents that the detenu-Shri Sahil Sarkariya Jain had facilitated the disposal of consignments of foreign-marked gold bars on four different occasions between 14.11.2024 and 14.02.2025, along with the other detenu-Smt. Harshavardhini Ranya.

4. Specific intelligence was received by the Department of Revenue Intelligence (‘DRI’), Bengaluru Zonal Unit that one female passenger bearing an Indian Passport was suspected of carrying gold, either in the form of gold bars or in the form of a paste, would be travelling from Dubai, United Arab Emirates to Bengaluru, India. Subsequently, an interception of the detenu - Smt. Harshavardhini Ranya was made on 03.03.2025, near the Green Channel of the International Customs Arrival Hall, Terminal 2 of the Kempegowda International Airport, Bengaluru. This was followed by the recovery of a huge quantity of gold amounting to 17 foreign-marked gold bars, weighing approximately 14.2 kilograms. On the next day, i.e., on 04.03.2025, the detenu - Smt. Harshavardhini Ranya was arrested, followed by the recording of her statement under Section 108 of the Customs Act, 1962 (for short ‘Customs Act’) on 10.03.2025, along with that of her associate Shri Tarun Konduru Raju on 12.03.2025.

5. Based on the statements given, the detenu - Shri Sahil Sarkariya Jain was also arrested on 07.04.2025. This was preceded by the recording of his statement under Section 108 of the Customs Act on 30.03.2025.

6. In exercise of the powers conferred under Section 3(1) of the COFEPOSA Act, detention orders were passed on 22.04.2025 by the Joint Secretary, Government of India, Ministry of Finance, DRI, Central Economic Intelligence Bureau (‘CEIB’) COFEPOSA Wing. Further, the grounds of detention were served on the detenu - Smt. Harshvardhini Ranya on 22.04.2025 and the detenu - Shri Sahil Sarkariya Jain on 23.04.2025. The grounds of detention, served on both the detenus, contain substantial particulars of the allegations, including the evidence recovered, running into several pages. Suffice it to state that earlier transactions involving both the detenus have been captured with adequate particulars in the grounds of detention.

7. Both the detenus have also been shown the contents of a pen drive containing the CCTV footage of the interception at the airport, in the prison, through a laptop brought for the said purpose by the concern