Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Del) 1760

IN THE HIGH COURT OF DELHI AT NEW DELHI
Siddharth Mridul, Amit Sharma, JJ.
Pramod Singla - Appellant
Versus
Union Of India & Ors. - Respondents
W.P.(Crl) 1205 of 2022, Crl. M.A. 20351 of 2022
Decided On : 03-11-2022

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

The main legal point established in the judgment is that the delay in deciding the representation by the Central Government did not invalidate the detention order, as the detaining authority had independently considered the representation without waiting for the opinion of the Advisory Board or confirmation of the detention order by the Central Government.

Headnote:
COFEPOSA - Detention Order - Section 3(1) of COFEPOSA - Summary of Acts and Sections: The court discussed the detention order under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) and the representations made by the detenu to the detaining authority and the Central Government. The court analyzed the delay in deciding the representation and its impact on the detention order. The judgment emphasized the distinction between the detaining authority and the appropriate government in considering the representation, as per the principles laid down in Ankit Ashok Jalan vs. Union of India and K.M. Abdulla Kunhi vs. Union of India.
Fact of the Case:

The Directorate of Revenue Intelligence received intelligence about a smuggling syndicate involving foreign and Indian nationals smuggling gold into India. The detenu was arrested and granted bail, but the detention order was later passed, leading to the present writ petition.
Finding of the Court:

The court dismissed the writ petition, finding that the delay in deciding the representation by the Central Government did not invalidate the detention order, as the detaining authority had independently considered the representation without waiting for the opinion of the Advisory Board or confirmation of the detention order by the Central Government.
Issues: The issues included malice in law and fact, delay in passing the detention order, delay in deciding the representation, absence of subjective satisfaction, and non-compliance with procedural safeguards/requirements.
Ratio Decidendi: The court emphasized the distinction between the detaining authority and the appropriate government in considering the representation, as per the principles laid down in Ankit Ashok Jalan vs. Union of India and K.M. Abdulla Kunhi vs. Union of India. It held that the delay in deciding the representation by the Central Government did not invalidate the detention order.
Final Decision: The present writ petition was dismissed, and the detention order was upheld.

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, New Delhi on 18.11.2021, vide House Airway Bill No. SZGF21113657.

(ii) Acting on the said intelligence, the said purported consignment was examined by the officers of DRI on 18/19.11.2021 at Import Shed, Delhi Cargo Service Centre, Air Cargo Complex, IGI Airport, New Delhi and 80.126 kg of 995 purity (24 Carat) foreign origin gold, in the form of 'E' & 'I' shaped plates, having a market value of Rs. 39,31,38,219/- was recovered. Panchnama dated 18/19.11.2021 showing the recovery of the said 80.126 kg of gold was drawn. The said gold was seized under Section 110 of the Customs Act, 1962, vide seizure memo dated 19.11.2021.

(iii) On the same day, i.e., on 18.11.2021, officers of DRI searched the detenu's premises, i.e., M/s D.P. Abhushan, Shop No. 4, 3rd Floor, 1167 Kucha Mahajani, Chandni Chowk, Delhi and seized 7 pieces of gold, weighing 5.409 kgs of primary gold of alleged foreign origin. Panchnama dated 18.11.2021 was drawn, showing a recovery of 5.409 kgs of gold having a market value of Rs. 2,64,44,680/-. The said gold was seized under Section 110 of the Customs Act, 1962, vide seizure memo dated 19.11.2021.

(iv) In total, 85.535 kg gold of foreign origin, having total market value of Rs. 41,95,82,899/- has been recovered and seized.

(v) On 18/19.11.2021, officers of DRI conducted further searches at four different places belonging to persons involved in the aforementioned smuggling syndicate and arrested four foreign nationals, namely, Dongyoung Oh, Liang Zhaobing alias Dawang Tsring, Li Wen Tsung and Choi Yong and one Indian national, namely, Neeraj Varshney. It was claimed by the DRI that the search at various places resulted in the recovery of certain incriminating evidence in the form of electronic devices.

(vi) Statement of the detenu under Section 108 of the Customs Act, 1962 was recorded on 18/19.11.2021 by the Investigating Officer. Co-accused, Neeraj Varshney's statement was also recorded under Section 108 of the Customs Act, 1962.

(vii) On 19.11.2021, statements under Section 108 of the Customs Act, 1962 of Dongyoung Oh, Liang Zhaobing alias Dawang Tsring, Li Wen Tsung and Choi Yong were also recorded.

(viii) On 20.11.2021, the detenu, alongwith Dongyoung Oh, Liang Zhao Bing alias Dawang Tsring, Li Wen Tsung, Choi Yong and Neeraj Varshney was arrested by the officers of DRI.

Thereafter, they were produced before the learned CMM, Patiala House Courts, New Delhi, and vide order dated 20.11.2021, were remanded to Judicial Custody till 04.12.2021.

(ix) The detenu filed a regular bail application dated 30.11.2021 before the learned CMM, Patiala House Courts.

(x) All the four foreign nationals also filed their respective bail applications on 06.12.2021 before the learned CMM, Patiala House Court, New Delhi.

(xi) On 09.12.2021, DRI filed its reply to t