Delhi High Court
Mehulbhai Rasikbhai Bhimani vs Union Of India & Ors. on 5 February, 2020
$~2
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 2528/2019
MEHULBHAI RASIKBHAI BHIMANI ..... Petitioner
Through: Mr.P.S. Narsimha, Sr. Advocate with
Mr.Abhishek Singh, Advocate.
versus
UNION OF INDIA & ORS. ..... Respondents
Through: Mr.Anil Soni, CGSC with Ms.Nidhi Raman,
G.P. for R-1 and 2.
% Date of Decision: 05th February, 2020
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL
JUDGMENT
MANMOHAN, J:- (Oral)
1. Present writ petition has been filed challenging the detention order
dated 2nd August, 2019 bearing F. No. PD-12002/18/2019-COFEPOSA.
2. Mr. P.S. Narsimha, learned senior counsel for the petitioner submits
that the detention order is punitive in nature and was passed by the
Detaining Authority without arriving at any subjective satisfaction. He
submits that there is no nexus or live link between the alleged illegal activity
and purported claim of the Detaining Authority as the alleged illegal activity
had been committed between January, 2014 and July, 2015 while the
impugned order had been passed on 2nd August, 2019.
3. Mr. Narsimha, learned senior counsel for the petitioner points out that
the Supreme Court in the Pramodgiri Premgiri Goswami Vs. Union of
India & Ors., W.P. (Crl.) No. 359/2019 decided on 27th January, 2020 has
quashed a similar detention order arising out of the same smuggling
activities on the ground that there was no proximate link between the alleged
events and the detention order. The aforesaid order dated 27 th January, 2020
passed by the Supreme Court is reproduced hereinbelow:-
The petitioner has knocked at the doors of this Court under
Article 32 of the Constitution of India challenging an order dated
15.11.2019 made under the COFEPOSA Act, 1974. In the
grounds of detention it is clearly stated that the petitioner appears
to be part of a ring of smugglers, and between March, 2013 and
March, 2015 731.705 Kgs. of gold were seized, which trace
themselves back to this ring, worth around Rs. 204.60 Crores. The
petitioner's statement was also recorded on 24/25.09.2019 which,
however, was retracted on 27.09.2019.
After hearing Mr. Saurav Kirpal, learned Advocate for the
petitioner and Mr. K.M. Nataraj, learned Additional Solicitor
General for the Union of India, this petition is being disposed of
on the ground that there is no proximate link between the events of
March, 2013 and March, 2015 and the detention order, which is
over four years later. On this ground alone, this writ petition is
allowed. The detenue be released immediately.
4. Mr. Anil Soni, learned counsel for Union of India states that the
petitioner conspired with his associates and smuggled about 185 Kgs. of
gold valued at Rs. 52.35 crores.
5. He submits that the 'satisfaction' of the detaining authority is
'subjective' in nature and the Court cannot interfere with the order of
detention by substituting its opinion for the subjective satisfaction of the
Detaining Authority. In support of his submission, he relies upon the
judgment of the Apex Court in Union of India and Anr. Vs. Dimple Happy
Dhakad, 2019 SCC OnLine SC 875.
6. Having heard learned counsel for the parties as well as having perused
the paper book this Court finds that the impugned detention order is based
upon an alleged admission by the petitioner that he had financed smuggling
of 185 Kgs. of gold valued at Rs. 52.35 crores between January, 2014 and
July, 2015. The relevant portion of the impugned detention order is
reproduced hereinbelow:-
"You i.e. Shri Mehul Rasikbhai Bhimani have abetted in
smuggling of gold as admitted by you that you along with Shri
Jitendra Rokad had invested money with Shri Rutugna Trivedi
which was used for financing smuggling of gold into India and
that your had received 33% profit share. You i.e. Shri Mehul
Rasikbhai Bhmani have admitted that during the period from
January, 2014 to July, 2015, 185 kgs of Gold valued at Rs.52.35
crores was smuggled into india which was financed by you and
Shri Jitendra Rokad and that they had received their share of
the profits from the sale of the smuggled gold. These facts were
also confirmed by Shri Jitendra Rokad in his statement recorded
on 29.06.2019.
(emphasis supplied)
7. Keeping in view the aforesaid ground of detention, this Court is of the
view that the order of the Apex Court in Pramodgiri Premgiri Goswami Vs.
Union of India & Ors. (supra) applies to the present case on all fours as
there is no proximate link between the events of January, 2014 to July, 2015
and the impugned detention order - which is nearly four years later.
Consequently, present writ petition is allowed and the petitioner-detenue is
directed to be released forthwith, if not wanted in any other case.
CRL.M.(Bail) No. 1592/2019
In view of the order passed today in W.P.(Crl.) No. 2528/2019, the
present application has become infructuous and it accordingly stands
disposed of.
MANMOHAN, J
SANGITA DHINGRA SEHGAL, J
FEBRUARY 05, 2020
afa
