R. S. SODHI J.

( 1 ) THIS writ petition has been filed by the petitioner who is the wife of the detenu Sanjay Bhandari, presently detained in the Central Jail, Tihar, New delhi pursuant to an order of detention order F. No. 673/22/2005-Cus. VIII dated 15. 12. 2005 issued against him by Sh. R. K. Gupta, Joint Secretary (COFEPOSA), government of India, Ministry of Finance, Department of Revenue, New Delhi. The aforesaid order is issued under Section 3 (1) of the Conservation of Foreign exchange and Prevention of Smuggling Activities Act, 1974 with a view to prevent the detenu from smuggling goods in future.

( 2 ) THE petitioner justifies her locus standi as she is the wife of the detenu, rightly interested in the detenu's welfare and aggrieved of the order of detention dated 10. 12. 2005 under the provisions of COFEPOSA. She has, thus, invoked the jurisdiction of this court under Article 226 of the Constitution by filing this petition for issuance of writ of habeas corpus and the immediate release of her husband, the detenu.

( 3 ) IN the writ petition, it is submitted that the order of detention dated 15. 12. 2005 is illegal, arbitrary, mala fide, unjustified and unwarranted, and as such, the continued the detention of the detenu in jail is contrary to law and ought to be quashed.

( 4 ) BRIEF facts of the case as set out in the counter affidavit of the detaining authority is as under:-"shri Sanjay Bhandari obtained EPCG licenses as Service Provider, in his four firms/company, namely M/s History Logistics (IEC No. 0502010233 issued on 14. 5. 2002) under category 'hotel and Restaurants' and 'tour and Transport', M/s raj Mahal Bhindar Logistics (IEC No. 0500053782 issued on 4. 12. 2000) under category 'hotels, M/s V. K. Tours and Transport Logistics (IEC No. 0595024459 issued on 17. 8. 1995) under category 'hotel Project and 'tour and Transport', M/s northwest Marwar Resorts and Health Spa Pvt. Ltd. Logistics (IEC No. 0504069039 issued on 5. 1. 2005) under category 'tourism and Travel', 'road Transport services', to be provided to the foreign tourists for earning the foreign exchange. These licenses were obtained fraudulently by mis-declaring their business activities, and vehicles were imported under them at concessional rate of duty, for others for their personal use, by sharing the booty of duty saved. These firms/company were floated by Shri Sanjay Bhandari over a period of time. Shri Sanjay Bhandari has obtained a total of 32 EPCG licenses and imported 61 cars for others, including one for which show cause notice has been issued, under these EPCG licenses. All the vehicles imported by Shri Sanjay Bhandari were transferred to others on monetary considerations. Searches were conducted at various premises declared for above mentioned four firms/company of Shri Sanjay Bhandari. Neither the declared business activities were carried on at the premises nor any vehicles imported under EPCG Scheme were found at the declared premises. Some of the premises declared by Shri Sanjay bhandari were found to have been vacated since long. Only at one declared premises i. e. K-13a, 2nd Floor, Green Park Extention, New Delhi, the relevant records/documents, CPUs Laptop, Pen Drive were recovered and seized. The printouts of the incriminating information/data were taken from the laptop and seized. Shri Sanjay Bhandari in his statements admitted that no foreign tourists had ever visited the declared premises and no car has been used for tourists purpose, that the imported cars were never brought/installed at the declared place, that he had not provided any car imported under EPCG Scheme for tourists purpose and the FIRCs (Foreign Inward Remittance Certificate) shown by him as earning of foreign exchange did not relate to earning from the use of imported cars under the EPCG Scheme, that he had given the imported cars to some corporate/individuals for their use and received payments against security deposits and advance rents; that few cars were i