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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
ANU SIVARAMAN, VIJAYKUMAR A.PATIL
Priyanka Sarkariya, D/o. Rajendra – Appellant
Versus
Union Of India, Rep. By Its Joint Secretary, Ministry Of Finance, Department Of Revenu – Respondent
| Table of Content |
|---|
| 1. detention under cofeposa act details. (Para 1 , 3 , 4 , 5) |
| 2. inadequate evidence for detention. (Para 6 , 7 , 8 , 10) |
| 3. detention lacks legal grounds. (Para 9 , 11 , 14) |
| 4. previous cases supporting the detention. (Para 12 , 20 , 21) |
| 5. preventive detention justified under conditions. (Para 15 , 16 , 17) |
| 6. procedural safeguards observed. (Para 23 , 25 , 26) |
| 7. writ petition dismissed. (Para 29 , 30) |
JUDGMENT :
ANU SIVARAMAN, J.
1.This Writ Petition (Habeas Corpus) is filed by Smt. Priyanka Sarkariya, petitioner and cousin of the detenue Shri Sahil Sarkariya Jain 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. T. Chezhiyan, learned Counsel along with Shri Karthik N, learned counsel appearing for the petitioner and Shri. Kuloor Arvind Kamath, learned Additonal Solicitor General of India along with Shri. Shanthi Bhushan H, learned Deputy Solicitor General of India appearing for respondent No.1 and Shri. Thejesh P, learned High Court Government Pleader appearing f
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....
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.
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.
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 – Order of detention cannot be sustained where detention order being silent on crucial aspects.
Subjective satisfaction of the authority under the law is not absolute and should not be unreasonable.
Illegally smuggling of gold - Detention order confirmed - Interim order not to execute order of detention was obtained and lapse of time live link was snapped - No live link between prejudicial activ....
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