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2022 Supreme(Del) 1760

AMIT SHARMA, SIDDHARTH MRIDUL
Pramod Singla – Appellant
Versus
Union Of India – Respondent


Advocates appeared:
Mr. Vikram Chaudhri, Senior Advocate with Mr. Rishi Sehgal, Ms. Arveen Sekhon, Ms. Prabhneer Swami, Mr. Nikhil Jain, Ms. Reena Rawat, Advocates., for the Petitioner; Mr. Satish Aggarwal, Senior Standing Counsel., for the Respondents DRI; Mr. Ajay Digpaul, CGSC with Mr. Kamal Digpaul, Ms. Swati Kwatra, Advocates., for the Respondents UOI

JUDGMENT

Amit Sharma J. - The present writ petition under Article 226 of the Constitution of India, read with Section 482 of Cr.P.C. has been instituted on behalf of Pramod Singla (hereinafter referred to as 'detenu') praying for quashing and setting aside the detention order bearing F. No. PD-12001/07/2022-COFEPOSA, dated 01.02.2022, under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as 'COFEPOSA').

2. Relevant facts for adjudication of the present writ petition qua the detenu are as follows:

    (i) The Directorate of Revenue Intelligence, Delhi Zonal Unit (Respondent No. 4, hereinafter referred to as 'DRI') received intelligence, that a syndicate comprising certain Chinese,

    Taiwanese and South Korean nationals, in association with some Indian individuals are indulging in smuggling of gold, into India through air cargo by concealing the gold in transformers of electroplating/re-working machines etc., and one such consignment has been imported by the said syndicate in the name of M/s Healthy Future Leaders Private Limited and is likely to arrive at Delhi Cargo Services Centre, Air Cargo Complex, IGI Airport,

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