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2025 Supreme(Kar) 1956

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


Advocates Appeared:
For the Appellant : Sri. T. Chezhiyan, Adv., For Sri. Karthik N., Adv.
For the Respondent: Sri. Kuloor Arvind Kamath, Asgi With Sri. Shanthi Bhushan H., DSGI., Sri. Thejesh P, Hcgp., Adv.

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 for respondent No. 2.

3. The facts of the case are as follows:-

Smt. Harshavardini Ranya, 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 attempting to smuggle 17 foreign- marked gold bars weighing approximately 14,213.050 grams of

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