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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
ANU SIVARAMAN, VIJAYKUMAR A.PATIL
H.P. Rohini, W/o. Ramachandra Rao – Appellant
Versus
Joint Secretary Cofeposa, Rep. By Sri. Anupam Prakash – Respondent
JUDGMENT :
ANU SIVARAMAN, J.
1. This Writ Petition (Habeas Corpus) has been filed by Smt. H.P. Rohini, the mother of the detenue, Smt. Harshavardini Ranya, seeking issuance of a writ of Habeas Corpus declaring the Order of Detention bearing F.No. PD- 12001/01/2025-COFEPOSA dated 22.04.2025 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. Kiran S. Javali, learned senior counsel as instructed by Shri. Chandrashekara K, learned Advocate appearing for the petitioner, Shri. Kuloor Arvind Kamath, learned Additional Solicitor General of India, along with Shri Shanthi Bhushan H, learned Deputy Solicitor General of India appearing for Respondents No.1 and 2 and Shri Thejesh P, learned High Court Government Pleader, appearing for Respondent No.3.
3. The facts of the case are as follows:-
Smt. Harshavardini Ranya, the detenue herein was intercepted on 03.03.2025 at the Green Channel of the Kempegowda International Airport, Bengaluru while attempting to leave the Airport after arrival from Dubai without making any declaration. A personal search revealed that she was attemptin
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.
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....
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 ....
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....
Detention - statements under Section 108 of the Customs Act cannot be used for passing detention under the provisions of the COFEPOSA Act.
The illegibility of relied upon documents (RUDs) vitiates the subjective satisfaction of the detaining authority, rendering the detention order invalid.
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