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2015 Supreme(Del) 3618

G.S.SISTANI, SANGITA DHINGRA SEHGAL
Sumita Dey Bhattacharya – Appellant
Versus
Union of India – Respondent


For the Petitioner:Mr. Pradeep Jain, Mr. A. Samand, Mr. Shubhankar Jha, Kumar Vikram and Ms. Aakriti Mathur, Advocates.
For the Respondent-UOI:Mr. Sanjay Jain, Additional Solicitor General with Mr. Kirtiman Singh, Central Government Standing Counsel, Mr. Waize Ali Noor and Ms. Shreya Sinha, Advocates.

JUDGMENT :

G.S. Sistani, J.

1. Pleadings are complete. With the consent of counsel for the parties, the present petition is taken up for final hearing and disposal.

2. Petitioner, wife of the detenue, has filed the present petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, for issuance of a writ or direction in the nature of certiorari for quashing the impugned detention order dated 18.2.2014 passed under Section 3 (1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as “COFEPOSA”) and the order dated 11.9.2014 confirming the detention order for a period of one year. For the sake of convenience, the detenue is hereafter referred to as “the petitioner.”

3. The facts of the case, as per the writ petition inter alia are as under:

1. “The Directorate of Revenue Intelligence Head Quarter New Delhi initiated investigation on the basis of intelligence that one company M/s. Gaurav Pharma Ltd. Sampla Haryana (owned by Mr. K.K. Arora), a 100% Export Oriented Unit had been diverting duty free imported pharmaceutical goods to domestic tariff area without payment of duty.

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