The subjective satisfaction of the Detaining Authority in a preventive detention order is immune from judicial reviewability, but not immune from judicial review. The Court must strike a balance between personal liberty and the needs of society, particularly in cases aimed at protecting the security and safety of the nation.

JUDGMENT

Siddharth Mridul, J. - The present writ petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973, has been instituted by Sushmeet Kaur, the petitioner herein, who is the wife of Shri Greeshm Sharma (hereinafter referred to as ''the Detenue''), and essentially prays for a writ in the nature of habeas corpus seeking quashing of the Detention order bearing No.PD-12002/ 11/2019-COFEPOSA dated 19.07.2019 (for short ''Detention Order'') issued by the Joint Secretary to Government of India, Respondent No.2 herein (hereinafter referred to as the ''Detaining Authority''), directing the Detenue''s detention under section 3 (1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as ''COFEPOSA'').

2. The factual matrix as is relevant and germane for the adjudication of the present proceeding, is adumbrated as follows:

i. On receipt of specific intelligence, a passenger namely, Shri Raju Singh Sachdeva (for short ''Shri Sachdeva''), resident of SF/2 Prerna Apartment, New Gandhi Nagar, Ghaziabad, U.P.-201001, holder of Indian Passport No. R3111421, issued at Ghaziabad, was intercepted near the Exit Gate of the Arrival Hall, Terminal-I, IGI airport, New Delhi on 16.05.2019. Shri Sachdeva had arrived from Bangkok to Varanasi by flight No. 6E 98 dated 16.5.2019 and from Varanasi to New Delhi by flight No. 6E 6635 on the said date. Shri Sachdeva was carrying one checked-in baggage and two hand bags. Upon being asked by the Customs Authorities whether he was carrying any dutiable or prohibited goods, Shri Sachdeva replied in the negative. However, not being convinced by his reply and in view of the specific intelligence received, Shri Sachdeva was brought to the Arrival Hall, Terminal 3 of the IGI Airport, New Delhi for further examination. Thereafter, in the presence of independent Panchas and after due service of notice under Section 102 of the Customs Act, 1962 (hereinafter referred to as ''said Act'') dated 17.05.2019, a search of Shri Sachdeva''s person as well as his baggage was conducted by the Customs Officers, leading to the recovery of the following items:

a) On personal and baggage search, following were recovered:

(i) 232 (Two Hundred Thirty Two) silver colour coated metal rings, having collective weight 2001 grams, suspected to be made of Gold, concealed as buckle rings in 29 sling bags;

(ii) 29 sling Bags used for concealment of item at SL. No.1;

(iii) Two used mobiles (One Gionee and one MI-6) and four mobile numbers, i.e., +919582152838 (Indian), +66619280350 (Bangkok), +919958079595 (Indian) and +918700702083 (Indian);

(iv) One Acer Brand E-1-470 P series Laptop, Model No. MS2376 Serial No. 33505064466;

(v) Baggage Tag No.6E 0312 782736;

(vi) Indian Passport No. R3111421 issued at Ghaziabad on 09.10.2017;

(vii) Indian Currency Rs. 18,000/-;

(viii) Personal effects - Old and Used.

b) All items, except items at serial Nos. 1 to 5 above, were returned to Shri Sachdeva on the spot. A copy of Shri Sachdeva''s Passport was also retained for further investigation.

c) During the course of proceedings, the Jewellery Appraiser was called who appraised the weight value and purity of the recovered 232 (Two Hundred Thirty Two) Silver colour coated metal rings and gave his Appraisement Report dated 17.05.2019 which is summarized as under:

Rate of Gold as per Notification No. 36/2019-Customs (N. T) dated 15.05.2019 in US $ 418 per 10 Grams Exchange Rate of US$ as per notification No. 372019-Customs (N.T) dated 16.05.2019 is Rs.71.15. As per the above said notifications, total tariff value of the recovered Gold comes to Rs.59,51,114/- (Rupees Fifty Nine Lakhs Fifty One Thousand One Hundred Fourteen only). The market value of the recovered Gold as per rate taken from the printout of The Economic Times dated 17.05.2019 through Internet is Rs.31,993/- per 10 gram and worked out to be Rs.64,01,799/- (Rupees Sixty Four L