Preventive detention orders are invalidated if the grounds for detention are communicated in illegible or untranslated documents, infringing the detenu's constitutional rights to make effective representation.

JUDGMENT

Siddharth Mridul, J. The present writ petition under Article 226 of the Constitution of India, has been instituted on behalf of Neeraj Varshney (hereinafter referred to as `the detenu'), praying as follows:

"For the premises set forth above, it is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to:

a) issue a writ of certiorari or any other appropriate writ or direction to quash and set aside the detention order bearing No. F. No. PD-12001/08/2022-COFEPOSA dated 01.02.2022 passed by Respondent No.1 in the interest of Justice.

b) issue a writ of certiorari or any other appropriate writ or direction to quash and set aside the memorandum bearing No. PD-15001/08/2022-COFEPOSA dated 04.04.2022 issued by Respondent No.2 in the interest of Justice.

c) issue a writ of certiorari or any other appropriate writ or direction to quash and set aside the order bearing No. PD-12001/08/2022-COFEPOSA dated 02.05.2022 passed by Respondent No.2 in the interest of Justice.

d) issue a writ of habeas corpus or any other appropriate writ or direction to release the petitioner forthwith in the interest of justice.

e) Also pass any other further order or direction in the facts and circumstances of the present petition."

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 investigation against the detenu emanates from an intelligence received by the Directorate of Revenue Intelligence, Delhi Zonal Unit (hereinafter referred to as "DRI") that a consortium consisting of certain Chinese, Taiwanese, and South Korean nationals, in collaboration with some Indian individuals, are involved in illicit import of foreign origin gold into India via air cargo, by concealing the foreign origin gold in the transformers of electroplating/re-working machines, etc.

2.2. Subsequently, on 18/19.11.2021, acting on the said intelligence, a consignment imported by one M/s. Healthy Future Leaders Private Limited, at Delhi Cargo Services Centre, Air Cargo Complex, IGI Airport, New Delhi, was subjected to examination by the DRI officers, wherein it was found that it contained several prohibited items i.e. 80.126 kg. of (995 purity 24 Carat) foreign origin gold, in the form of `E' and `I' shaped plates, with a market value of Rs.39,31,38,219/-. Accordingly, vide seizure memo dated 19.11.2021, the same was seized under Section 110 of the Customs Act, 1962 (hereinafter referred to as 'the Customs Act').

2.3. It is asseverated by the official respondent, that the intelligence, further revealed, that the above-mentioned syndicate, imported the foreign origin gold into India from Air Cargo Complex, IGI Airport, New Delhi. Thereafter, the same was melted and re-molded into bars at 10/A, A-8, Boga Farm, Asola, SSF Marg, Main Chhatarpur Road, New Delhi, before being delivered to Li Wen Tsung and Choi Yong, in Gurgaon. Later, it was supplied to numerous customers, including Atul Gupta alias Pintu (Brother of Detenu), Neeraj Varshney (detenu) and Pramod Singla (co-detenu).

2.4. That on the basis of information received, search proceedings were initiated on the same day, at the purported premises of the co-detenu's (Pramod Singla) i.e., M/s. D.P. Abhushan, Shop No. 4, 3rd Floor, 1167 Kucha Mahajani, Chandni Chowk, Delhi. During the search, 7 pieces of gold, weighing 5.409 kgs of suspected foreign origin with a market value of Rs.2,64,44,680/- were recovered and seized under Section 110 of the Customs Act, vide seizure memo dated 19.11.2021. A Panchnama dated 18.11.2021 was drawn and in total 85.535 kg gold of foreign origin gold worth Rs.41,95,82,899/- was recovered and seized.

2.5. On 18/19.11.2021, further search was carried out, at four different premises of the individuals associated with illicit import and export of foreign origin gold, whereupon certain incriminating evidence in the form of electronic devices were