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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
ANU SIVARAMAN, VIJAYKUMAR A.PATIL
Rama Raju, W/o. Narasimha Raju – Appellant
Versus
Joint Secretary, Cofeposa, Government Of India Ministry Of Finance Department Of Revenue, Represented By Anupam Prakash – Respondent
JUDGMENT :
ANU SIVARAMAN, J.
1. This Writ Petition Habeas Corpus is filed by Smt. Rama Raju, petitioner and mother of the detenue - Shri. Tarun Konduru Raju seeking a writ of Habeas Corpus to declare the detention order dated 22.04.2025, issued under Section 3 (1) of the CONSERVATION OF FOREIGN EXCHANGE AND PREVENTION OF SMUGGLING ACTIVITIES ACT , 1974 ("COFEPOSA Act" for short), as illegal.
2. We have heard Shri. Hashmath Pasha, learned Senior Counsel as instructed by Shri Kariappa N.A. learned Advocate appearing on behalf of the petitioner and Shri. Kuloor Arvind Kamath, learned Additional Solicitor General of India along with Shri. Shanthi Bhushan H, learned Deputy Solicitor General of India appearing on behalf of respondents No.1 and 2 and Shri. Thejesh P, learned High Court Government Pleader appearing on behalf of respondent No.3.
3. The brief facts of the case are as follows:-
Smt. Harshavardhini Ranya, was intercepted on 03.03.2025 at the Green Channel at Kempegowda International Airport, Bengaluru, while attempting to exit without declaration. A personal search revealed 17 foreign- marked gold bars weighing approximately 14,200.53 grams concealed on her person. Smt. Harshavar
Preventive detention under COFEPOSA is valid if based on substantial material indicating a person's ongoing propensity to engage in smuggling, notwithstanding allegations of procedural errors.
Detention orders are upheld when procedural safeguards are followed, and the detaining authority establishes a reasonable belief of the detainee's involvement in smuggling activities and potential re....
The validity of preventive detention under the COFEPOSA Act was upheld, confirming that procedural compliance and sufficient grounds for detention were established by the authorities.
Point of law : Period of detention would come to an end in a couple of days, since it is our constitutionally entrusted duty to safeguard the rule of law, more so, in a matter involving personal libe....
Point of Law : Law cannot be subverted, particularly in the area of personal liberty in order to prevent a smuggler from securing his release from detention, because whatever is the law laid down by ....
Detention - statements under Section 108 of the Customs Act cannot be used for passing detention under the provisions of the COFEPOSA Act.
Preventive detention – Order of detention cannot be sustained where detention order being silent on crucial aspects.
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 doe....
Preventive detention orders are invalidated if the grounds for detention are communicated in illegible or untranslated documents, infringing the detenu's constitutional rights to make effective repre....
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