JUDGMENT

Debi Prasad Sengupta, J. — The present application under Article 226 of the Constitution of India has been filed for issuance of a writ in the nature of Habeas Corpus for setting aside the order of detention passed by the Joint Secretary to the Government of India, Ministry of Finance, Department of Revenue in terms of the provision of Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (in short COFEPOSA).

2.Before considering the matter on merit, we may refer to the facts of the case and the chronological events, which will appear from the order of detention itself.

3.There was a source information that one Sandip Agarwal, Director of the Company M/s. Sandip Exports Limited under two Licences issued in his favour imported different types of polyester and silk yarn/fabric duty free under DEEC Scheme and instead of utilising the said goods in the manufacture of resultant export products disposed of the said duty free imported goods in the market without fulfilling the export obligation in terms of the condition of Advance Licences. On the basis of such information, the office premises of M/s. Sandip Exports Limited at 220,