The supply of illegible relied upon documents vitiates the detention order, violating the right to make an effective representation under Article 22(5) of the Constitution.

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 on behalf of Ravi Chandra Mishra (hereinafter referred to as `the detenu'), praying for a direction in the nature of certiorari for quashing of the detention order bearing F.NO. PD-12001/19/2021-COFEPOSA, dated 28.12.2021, issued under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as "COFEPOSA") against the petitioner/detenu; and for further directions that the detenu be set at liberty forthwith. At the outset, it would be pertinent to note that vide common judgment dated 02.05.2022, in the case titled Zakir Khan vs. Union of India & Ors., reported as 2022 SCC OnLine Del 1284, this Court quashed and set aside detention orders issued against the co-detenus therein.

FACTS OF THE CASE:

2. The relevant facts qua the detenu, as are necessary for the adjudication of the subject writ petition are briefly encapsulated as follows:

2.1. The detenu is engaged in his profession as a Customs House Agent ("CHA") and has been handling the customs clearing work for various importers/exporters at customs ports in Kolkata and other Indian ports. The investigation against the detenu emanates from an investigation initiated by Income Tax Department and thereafter by the Directorate of Revenue Intelligence ("DRI") against one Zakir Khan whose consignments were cleared as a CHA by the detenu. The detenu, it is alleged, cleared import consignments of Zakir Khan's firms knowingly and being fully aware of the fact that Zakir Khan used to import old and used laptops, mobile phones, computer/mobile accessories from Dubai, Hong Kong, China and USA by mis-declaration and undervaluation in order to evade customs duty. The detenu has allegedly actively abetted the commission of offences under the Customs Act, 1962 leading to the evasion of customs duty.

2.2. That, Zakir Khan and one Sanjeev Kumar Yadav (also a Customs house agent) were summoned to the Office of DRI, and their voluntary statements dated 18/19.10.2021 tendered under Section 108 of the Customs Act, 1962 were recorded wherein they allegedly admitted to their involvement in the import of electronic goods by way of mis-declaration and gross under-valuation through dummy import firms. Both Zakir Khan and Sanjeev Kumar Yadav were arrested on 19.10.2021 under the Customs Act, 1962 and remanded to judicial custody. Subsequently on 26.11.2021, detention orders were passed against Zakir Khan and Sanjeev Kumar Yadav; pursuant to their arrest by the DRI for the commission of alleged offences, punishable u/s 132/135(1)(a)(b) of the Customs Act, 1962.

2.3. It is asseverated by the official respondent that, based on information received from the Income Tax Department; the DRI, Kolkata Zonal Unit initiated search proceedings on 22.10.2021 at the office premises of customs broker firm M/s Jyoti Enterprises located at Room No. 908A, Diamond Heritage Building, 16, Strand Road, Kolkata; the proprietor of which firm is allegedly the detenu herein. That during the search proceedings, documents of M/s Indo Fabs, M/s Viha International and M/s R. K. Overseas were resumed for further investigation; the de-facto control/ownership of which three firms allegedly vested with Mr. Zakir Khan, although they operated as dummy firms with different proprietors who served as de-jure owners. In his statement under section 108 of the Customs Act, the detenu admitted to his involvement in import of electronic goods by way of mis-declaration and gross under-valuation through the aforem