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Smt.H.P.Rohini vs Joint Secretary
2025 Latest Caselaw 11641 Kant

Citation : 2025 Latest Caselaw 11641 Kant
Judgement Date : 19 December, 2025

[Cites 59, Cited by 0]

Karnataka High Court

Smt.H.P.Rohini vs Joint Secretary on 19 December, 2025

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 19TH DAY OF DECEMBER, 2025

                        PRESENT

     THE HON'BLE MRS. JUSTICE ANU SIVARAMAN

                            AND

  THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

 WRIT PETITION (HABEAS CORPUS) NO.47 OF 2025


BETWEEN:

SMT. H.P. ROHINI
W/O RAMACHANDRA RAO
AGED 58 YEARS
No.3, 7TH CROSS
VICTORIA LAYOUT
BENGALURU-560 047.
                                         ...PETITIONER


(BY SRI. KIRAN S. JAVALI, SR. ADVOCATE FOR
     SRI. CHANDRASHEKARA K., ADVOCATE)

AND:

1.    JOINT SECRETARY
      COFEPOSA
      GOVERNMENT OF INDIA
      MINISTRY OF FINANCE
      DEPARTMENT OF REVENUE
      CENTRAL ECONOMIC INTELLIGENCE BUREAU
      6TH FLOOR, "B" WING
                               2




       JANPATH BHAVAN, JANPATH
       NEW DELHI-110 001.
       REP. BY SRI. ANUPAM PRAKASH


2.     GOVERNMENT OF INDIA
       BY CENTRAL ECONOMIC INTELLIGENCE
       BUREAU
       GOVERNMENT OF INDIA
       MINISTRY OF FINANCE
       DEPARTMENT OF REVENUE
       6TH FLOOR, "B" WING
       JANPATH BHAVAN, JANPATH
       NEW DELHI-110 001.
       REP. BY DIRECTOR GENERAL


3.     SENIOR SUPERINTENDENT
       CENTRAL PRISON
       PARAPANNA AGRAHARA
       BENGALURU-560 100.
                                    ...RESPONDENTS
(BY SRI. KULOOR ARVIND KAMATH, ASGI WITH
    SRI. SHANTHI BHUSHAN H., DSGI FOR R1 & R2
    SRI. THEJESH P, HCGP FOR R3)

       THIS WP(HC) IS FILED UNDER ARTICLE 226 OF
CONSTITUTION OF INDIA, PRAYING TO (a) ISSUE A WRIT
IN THE NATURE OF HABEAS CORPUS OR ANY OTHER
APPROPRIATE WRIT, ORDER OR DIRECTION DECLARING
THE DETENTION OF SMT. HARSHAVARDINI RANYA D/O.
HEGDESH      KABBINAHALLI    SIDDEGOWDA,     BY   ORDER
F.No.PD.12001/01/2025-COFEPOSA       DATED   22.04.2025
(ANNEXURE-"A") AS ILLEGAL AND VOID ABINITIO AND
ETC.
                                    3




      THIS WP(HC) HAVING BEEN HEARD AND RESERVED
FOR JUDGMENT ON 01.12.2025 AND COMING ON FOR
PRONOUNCEMENT          OF      JUDGMENT   THIS   DAY,   ANU
SIVARAMAN J., PRONOUNCED THE FOLLOWING:

CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN
       and
       HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
                       CAV JUDGMENT

(PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN)

This Writ Petition (Habeas Corpus) has been filed by

Smt. H.P. Rohini, the mother of the detenue, Smt.

Harshavardini Ranya, seeking issuance of a writ of Habeas

Corpus declaring the Order of Detention bearing F.No. PD-

12001/01/2025-COFEPOSA dated 22.04.2025 under

Section 3(1) of the Conservation of Foreign Exchange and

Prevention of Smuggling Activities Act, 1974 ("COFEPOSA

Act" for short), as illegal.

2. We have heard Shri. Kiran S. Javali, learned

senior counsel as instructed by Shri. Chandrashekara K,

learned Advocate appearing for the petitioner, Shri. Kuloor

Arvind Kamath, learned Additional Solicitor General of

India, along with Shri Shanthi Bhushan H, learned Deputy

Solicitor General of India appearing for Respondents No.1

and 2 and Shri Thejesh P, learned High Court Government

Pleader, appearing for Respondent No.3.

3. The facts of the case are as follows:-

Smt. Harshavardini Ranya, the detenue herein was

intercepted on 03.03.2025 at the Green Channel of the

Kempegowda International Airport, Bengaluru while

attempting to leave the Airport after arrival from Dubai

without making any declaration. A personal search

revealed that she was attempting to smuggle 17 foreign-

marked gold bars weighing approximately 14,213.050

grams of foreign origin gold brought from Dubai into India.

A voluntary statement was recorded on 04.03.2025.

Thereafter, a search was conducted at her residence and

cash of Rs.2,67,00,000/- and jewellary worth

Rs.2,06,00,000/- along with two customs declarations

were seized. Further, voluntary statements of the detenue,

Shri. Tarun Konduru Raju, who was implicated by the

detenue and Shri. Sahil Sarkariya Jain and several others

were recorded. Based on these and other materials

procured during the course of investigation, a detention

order under Section 3(3) of the COFESPOSA Act was

passed on 22.04.2025.

4. The detenue was in Judicial Custody. The order

of detention was served on her on 23.04.2025. On

27.04.2025, the Grounds of Detention and the list of relied

upon documents were served. The detenue filed

representations including a representation dated

05.05.2025 to the Joint Secretary (COFEPOSA) which was

disposed of on 13.05.2025. Representation dated

08.05.2025 was made to the Government of India which

was also disposed of on 14.05.2025 and representation

dated 08.05.2025 addressed to the Advisory Board was

forwarded along with comments of the Detaining Authority.

5. The learned senior counsel appearing for the

petitioner contended that the order of detention is illegal

and suffers from non-application of mind by respondent

No.1. The detention order alone was served on

23.04.2025. The relied upon documents were served only

on 27.04.2025, that too, without informing the detenue of

her right to make a representation against the detention.

This constitutes a violation of Article 22(5) of the

Constitution of India and is contrary to Article 21 of the

Constitution of India, as the procedure established by law

has not been followed.

6. It is further contended that the petitioner has

challenged the impugned detention order based on the

following grounds and relied upon the following decisions

as well:-

I. The order of detention is vitiated due to failure

to furnish the relied upon documents in full. The making

available of the Pen Drive which is at Sl.No.51 of the

documents relied on appended to the detention order to

the detenue to merely verify the contents and size of the

pen drive and the service to only the mother of the

detenue amounts to non-service and is beyond the

statutory mandate of 15 days thereby, vitiating the order

of detention. In support of these contentions, the following

decisions are relied on:-

• Smt. Icchudevi Choraria v. UOI and others reported in (1980) 4 SCC 531;

• Shalini Soni v. UOI and others reported in (1980) 4 SCC 544;

• Lallubhai Jogibhai Patel v. Union of India and others reported in (1981) 2 SCC 427;

• Kamala K Khushalani v. State of Maharashtra. Kamla K reported in (1981) 2 SCC 748;

• Kirit Kumar Chaman Lal Kundaliya v. Union of India and others reported in (1981) 2 SCC 436;

• Mehrunissa v. State of Maharashtra reported in (1982) 2 SCC 709;

• Thahira Haris and others v. Government of Karnataka and others reported in (2009) 11 SCC 438;

• Rushikesh Tanaji Bhoite v. State of Maharashtra and others reported in (2012) 2 SCC 72;

• Zakir Khan V/s. Union of India and others reported in 2022 SCC Online Del 1284;

• Smitha Gireesh v. Union of India and Others, reported in 2016 SCC OnLine Del 3697;

• Hajira N.K. v. Union of India and Others, by Order dated 26.11.2019 passed in WP (Crl.) No.324 of 2019;

• S. Reshmi v. Union of India and Others by Order dated 28.01.2016 passed in WP (Crl.) No.386 of 2015; and

• Shaikh Mohammed Rizwan v. UOI and Another, reported in 2017 SCC OnLine Del 7887.

II. The order of detention is vitiated as pages no.

1010 and 1011 being in Kannada language has not been

read and understood, affecting the legality of the order of

detention. The following decisions are relied on:-

• Ibrahim Ahmad Batti alias Mohd. Akhtar Hussain alias Kandar Ahmed Wagher alias Jqbal alias Gulam, reported in (1982) 3 SCC 440;

• Narayan Laxmansa Shiralkar v. Government of Karnataka and Others, by Order dated 09.08.2005 passed in Writ Petition (HC) No.58 of 2005;

• Smt. Doulat Unnisa v. Commissioner of Police and Others, by Order dated 09.08.2007 passed in Writ Petition (HC) No.129 of 2006;

• Smt. P. Vijayalakshmi v. The Commissioner of Police, reported in 2015 SCC OnLine Kar 9020;

• Sri. Mohammad Shafiulla v. The D.G. and I.G.P. of Police and Others, by Order dated 07.12.2023 passed in WPHC No.75 of 2023; and

• Sri. Anil Kumar V. v. Commissioner of Police and Others, by Order dated 28.02.2025 passed in WPHC No.4/2025.

III. The order of detention is vitiated as pages

No.1077 and 1099 of the relied upon documents,

were furnished in a truncated form. The following

decisions are relied on:-

• Bhupinder Singh v. Union of India and Others, reported in (1987) 2 SCC 234;

• Smt. Dharmista Bhagat v. State of Karnataka and Another, reported in 1989 Supp (2) SCC 155;

• Smt. Parvathamma v. Commissioner of Police and Others, by Order dated 26.08.2022 passed in Writ Petition (HC) No.33/2022;

• Smt. R. Ramya v. Commissioner of Police and Others, by Order dated 26.08.2022 passed in Writ Petition (HC) No.51/2022; and

• Smt. Shruthi T.K. v. Deputy Commissioner and Others, by Order dated 18.07.2023 passed in W.P.H.C. No.39 of 2023.

IV. The order of detention is vitiated as there was

no subjective satisfaction recorded, because of the

following reasons:

(i) The detaining authority did not consider the prospect of the detenue to be released on bail for issuing an order of detention whilst in judicial custody.

(ii) No material existed to derive subjective satisfaction that the detenue had traveled 31 times from January 2024 and pages 438, 439, 779 and 780 did not reveal the same, in the absence of the Passport, to support the same.

(iii) The entire subjective satisfaction has been derived only on the purported statement of the detenue.

(iv) No subjective satisfaction has been recorded to place reliance on the statement of the detenue by rejecting the retraction.

In support of these contentions the following

decisions are relied on:-

• N.Meera Rani v.Govt of Tamil Nadu and another reported in (1989) 4 SCC 418 and

• Kamarunnissa v. Union of India reported in (1991) 1 SCC 128.

V. The order of detention is vitiated as no

subjective satisfaction has been recorded to the effect that

the passport of the detenue was in court custody and there

was no prospect for the detenue to indulge in smuggling in

future. The following decisions are relied on:-

• Dharmendra Suganchand Chelawat and Another v. Union of India and Others, reported in (1990) 1 SCC 746;

• Rekha v. State of Tamil Nadu, reported in (2011) 5 SCC 244;

• Huidrom Konungjao Singh v. State of Manipur and Others, reported in (2012) 7 SCC 181;

• Rajesh Gulati v. Govt. of NCT of Delhi and Another, reported in (2002) 7 SCC 129;

• Gimik Piotr v. State of Tamil Nadu and Others, reported in (2010) 1 SCC 609;

• Moulana Shamshunnisa and Others v. Additional Chief Secretary and Others, reported in (2010) 15 SCC 72;

• Ameena Begum v. State of Telangana and Others, reported in (2023) 9 SCC 587;

• Kashmira v. State of Kerala and Others, reported in 2022 SCC OnLine Ker 7001;

• Smt. Nafisa Syed Ali v. The State of Maharashtra and Others, reported in 2013 ALL MR (Cri) 78;

• Husainbi Abdulla Ghalamsalam Indian Inhabitant v. State of Maharashtra and Others, reported in 2013 SCC OnLine Bom 160; and

• Shanawaz v. Government of Karnataka and Others, by Order dated 11.02.2010 passed in WP No.133/2009 (HC).

VI. The order of detention is vitiated for non-

application of mind and is not in conformity with the

COFEPOSA Act. The following decisions are relied on:-

• Ram Manohar Lohia v. State of Bihar and others reported in 1965 SCC OnLine SC 9;

• Kishori Mohan Bera v. State of West Bengal reported in (1972) 3 SCC 845;

• Akshoy Konai v. State of West Bengal reported in (1973) 1 SCC 297;

• R. Prakash v. State of Karnataka reported in 1979 SCC OnLine Kar 151; and

• Smt. Shashikala K Rana v. Union of India and others reported in 1986 SCC OnLine Bom 282;

• Ayya alias Ayub v. State of U.P. and Another, reported in AIR 1989 SC 364;

• Tulshi Rabidas v. The State of West Bengal, reported in AIR 1975 SC 638; and

• Mohd. Dhana Ali Khan v. State of West Bengal, reported in AIR 1976 SC 734.

VII. In the matter of detention prejudice cannot be

urged and the requirement is strict compliance of the law.

• Mrs. Tsering Dolkar v. Administrator, Union Territory of Delhi and Others, reported in (1987) 2 SCC 6;

• State of Punjab v. Sukhpal Singh, reported in (1990) 1 SCC 35; and

• Mangalbhai Motiram Patel v. State of Maharashtra and Others, reported in (1980) 4 SCC 470.

VIII. The order of detention is vitiated inasmuch as

neither in the grounds of detention nor in the

communication from the Advisory Board had the detenue

been appraised of her right of being assisted by a friend

before the Advisory Board proceedings.

IX. The order of detention is vitiated inasmuch as

the Advisory Board has not considered the representation

dated 09.05.2025 of the detenue, seeking for permission

to be represented by a Legal Practitioner before the

Advisory Board proceedings. The following decisions are

relied on:-

• A.K. Roy v. Union of India and Others, reported in (1982) 1 SCC 271; and

• State of Andhra Pradesh and Another v.

Balajangam Subbarajamma, reported in (1989) 1

SCC 193.

7. In response to the grounds raised by the

petitioner, the learned ASGI raises the following

contentions:-

The material gathered during investigation

demonstrates the existence of a well-orchestrated,

commercially motivated, transnational smuggling syndicate

operated by the detenues over a sustained period. The

detaining authority carefully examined the voluminous

material, including statements recorded under Section 108

of the Customs Act, 1962 ("Customs Act" for short)

documents seized from the residences and business

premises, forensic extraction of mobile phones, and

statements of various facilitators who enabled the

syndicate. On this basis, the authority recorded its

subjective satisfaction that the detenues possess both the

propensity and the potentiality to continue engaging in

prejudicial smuggling activities unless preventively

detained.

8. Section 1(2) of the Customs Act states that the

Act extends to the whole of India and extends even to

offences committed outside its territory. In the present

case, a significant part of the planning, procurement and

documentation was carried out in the foreign jurisdiction of

Dubai. Section 2(39) of the Customs Act defines smuggling

in relation to goods as any act or omission which renders

such goods liable to confiscation under Sections 111 or

113 of the Customs Act. The definition is intentionally

wide, covering not only physical carriers but also

organizers, financiers, handlers and facilitators who

orchestrate the process from behind the scenes, ensuring

to capture every component of the illicit chain. Section

111(d) of the Customs Act provides that any goods

imported or attempted to be imported contrary to

prohibition under any law are liable for confiscation. Under

Rule 3 of the Baggage Rules, 2016, gold other than

ornaments is prohibited as per Item 5 of Annexure I. Gold

bars and biscuits are therefore prohibited goods. The

deliberate and repeated import of gold bars and biscuits by

the detenues falls squarely within this prohibition. Section

135 of the Customs Act prescribes punishment for evasion

of duty and related offences. It forms part of the statutory

framework that marks clandestine import activities as

serious offences, thereby reinforcing the preventive

purpose of COFEPOSA Act. Section 3(1) of COFEPOSA Act

extends to preventive detention not only of persons who

directly smuggle goods, but also of those who abet,

transport, conceal, keep, deal with, or harbor persons

engaged in smuggling.

I. On the ground of non-supply of the pen drive in

Sl.No.51 of the relied upon documents, the learned ASGI

submitted that contents of the pen drive were shown to the

detenue on a laptop on 27.04.2025 and the detenue has

given an acknowledgement to that effect. Owing to the

rules of the prison, the pen drive could not have been

handed over to the detenue as they do not allow handing

over electronic devices to the inmates of the prison.

Therefore, the detenue directed the sponsoring authority to

furnish the pen drive to her Advocate Shri. Shashwath S.

Prakash on 28.04.2025. However, multiple attempts were

made to contact the authorised person but to no avail.

Further, the sponsoring authority furnished the pen drive to

the detenue's mother, petitioner in this case. It is

submitted that Article 22(5) of the Constitution of India

requires grounds of detention to be communicated and the

earliest opportunity for representation to be afforded.

Paragraph No.25 of the Statement of Objections reads

as follows:-

"25. Re: Para 15, 17 and 19:

With reference to these Paras, save and except what are matters of facts and record, each and every contention is denied. In this regard, it is submitted that at the time of serving the ground of detention together with the relied upon documents to the detenu on 27.04.2025, the detenu was shown all the contents of the pen drive on a Laptop and upon her satisfaction, the detenu gave her written acknowledgement to this effect. The entire proceedings

were witnessed by a lady officer of the prison and the acknowledgement given by the detenu of having seen and verifying the contents of the pen drive has been duly attested by the lady officer.

It is further submitted that the rules of the prison do not allow handing over of any electronic devices to the inmates of the prison. After seeing and watching the contents of the pen drive to her satisfaction, the detenu made a request to the Sponsoring Authority on the same day i.e. on 27.04.2025 to contact Shri Shashwath S. Prakash, the Advocate of the detenu to deliver the said pen drive. Accordingly, the Sponsoring Authority made efforts to hand over the said pen drive to Shri Shashwath S. Prakash, the Advocate and on 28.04.2025, i.e. the immediate next day, the Sponsoring Authority informed about the serving of grounds of detention and also the RUDs to the petitioner through WhatsApp.

Further, apart from the above, the Sponsoring Authority also informed the petitioner on 28.04.2025 itself that her daughter i.e. the detenu had authorized her (the detenu's) advocate to collect the same from the Sponsoring Authority's office, Bangalore. In response to the said message, the petitioner, the detenu's mother shared the advocate's contact number and also informed that detenu's advocate would contact the Sponsoring Authority. However, the advocate of the detenu did not contact the Sponsoring Authority.

Further, the sponsoring authority also made efforts to call the detenu's advocate on 01.05.2025. However, detenu's advocate did not attend the call in the first attempt. In

the second attempt, he attended the call and informed the sponsoring authority that he would come and collect the said pen drive, within a couple of days. However, he did not turn up before the Sponsoring authority. Therefore, on 08.05.2025 and 09.05.2025, the sponsoring authority made further attempts to contact the detenu's advocate, but he did not respond to the calls made.

On 09.05.2025, the Sponsoring Authority sent a WhatsApp message to the detenu's advocate requesting him to collect the said pen drive or authorize some other person to collect the pen drive from the sponsoring authority. On 10.05.2025, the detenu's advocate replied through WhatsApp that the pen drive is for the detenu and the same be given to her. Hence, the sponsoring authority wrote a letter dated 10.05.2025 to the detenu requesting her to authorize somebody else to collect the said pen drive failing which the pen drive would be served on detenu's mother i.e. the petitioner.

Accordingly, the sponsoring authority waited till 15.05.2025, but no reply was received from the detenu and hence, the sponsoring authority visited the petitioner's house on 16.05.2025 to serve the pen drive on her. However, the petitioner was not available in the house. Again on 17.05.2025, the sponsoring authority visited the petitioner's house and shown her the contents of the pen drive and handed over to her.

In view of the above, it is clear that in spite of the fact that the detenu had herself seen the contents of the said pen drive to her satisfaction, the sponsoring authority made sincere efforts as per the instructions of the detenu

to hand over the pen drive to the persons designated by her. A copy of the acknowledgement in this regard given by the detenu along with the efforts made to serve the Pen Drive are collectively placed at Annexure R-1. Hence, all the requirements to serve all the relied upon documents along with the pen drive have been duly complied with and no prejudice has been caused to the detenu in this regard." x x x x x

II. On the ground relating to the non supply of

Kannada translations, it is contended that the Kannada

pages No.1010 and 1011 of relied upon documents related

to an unrelated bail petition, was used only as backing

sheets and were not relied upon. In Jaseela Shaji v.

Union of India reported in (2024) 9 SCC 53, the Apex

Court held that the documents must be supplied only if

relied upon and casual references do not mandate supply.

Since the said Kannada pages were not relied upon while

passing the detention order, no prejudice is caused to the

petitioner in making an effective representation against the

order.

III. In response to the truncated documents in pages

No.1077 and 1099, it is submitted that the said documents

are annexures to the bail application submitted by the

detenue to this Court. While formulating the Grounds of

Detention and arriving at the subjective satisfaction, the

detaining authority relied upon the bail application only.

The annexures of the said bail applications have been

served to the detenue only for the sake of completeness.

IV. In response to the grounds raised against the

subjective satisfaction of the detaining authority, it is

submitted that when the detention order was passed, the

detenu was already in judicial custody and her bail

application was pending, which fact was duly considered by

the detaining authority. In Senthamilselvi v. State of

Tamil Nadu reported in (2006) 5 SCC 676, it was held

that the authority's subjective satisfaction regarding the

likelihood of release on bail cannot ordinarily be interfered

with.

The relevant portion of the Statement of Objections is

extracted below:

"With reference to these Paras, save and except what are matters of facts and record, each and every contention is denied. In this regard, it is humbly submitted that the Hon'ble High Court of Karnataka dismissed the bail

application of the detenue on 26.04.2025 while the detention order was issued on 22.04.2025. As such, at the time of issuance of the impugned detention order, the detenue was in judicial custody and her bail application filed in the Hon'ble High Court of Karnataka was pending as elaborated by the detaining authority in the grounds of detention. Hence the contention of the detenue is wrong,

baseless and misleading."

Further, regarding the existence of no material relating to

the travel of the detenue, it is submitted that all material

facts and evidence concerning the 31 trips undertaken by

the detenue between India and Dubai since January 2024

were collected by the Sponsoring Authority during

investigation and duly placed before the Detaining

Authority along with supporting documents. The

documents relied upon at pages no. 438, 439, 779 and

780 clearly reflect the detenue's complete travel history

between India and Dubai during the said period.

It is further submitted that preventive detention under

COFEPOSA Act rests on the subjective satisfaction of the

detaining authority that a person is likely to engage in

prejudicial activities in the future. The Apex Court has

consistently held that this assessment includes the

propensity, potentiality, and likelihood of the detenues

engaging in smuggling or its allied acts. The Court's

jurisdiction is limited to examining whether relevant

material existed and whether the decision was based on

that material and it cannot substitute its own opinion for

the satisfaction of the detaining authority. The petitioner's

attempt to challenge the merits of the detaining authority's

assessment is contrary to settled legal principles. Once the

subjective satisfaction is formed on the basis of relevant

material, the Court cannot be drawn into second-guessing

that satisfaction or substitute its own opinion for that of the

detaining authority.

The learned ASGI submitted that the court cannot go into

correctness or otherwise of facts stated or allegations

levelled in the grounds of detention. Permissible grounds of

the challenge include:-

     i)    order       is     not       made    by   competent
           authority;

ii) condition precedent for exercise of power does not exist;

iii) subjective satisfaction arrived at by detained authority is irrational;

     iv)     order is mala fide;
     v)      there is non-application of mind;
     vi)     grounds are vague, indefinite, irrelevant,
             extraneous, non-existent or stale;
     vii)    order is belated;

viii) person detained is already in jail;

     ix)     order is punitive in nature;
     x)      order is not approved by government as
             required by law; and
     xi)     failure to refer the case to the Advisory
             Board.

It is submitted that none of the above grounds are

raised by the detenues and as such, the challenge is not

under any of the permissible grounds. It is further

submitted that the grounds of detention describe, the

following:

i) the nature of roles played by each detenue with reference to the material evidence gathered during investigation;

ii) the nature of roles played by facilitators, with specific referenced to evidence on record;






     iii)   recording      of     satisfaction,    based     on
            material     evidence     on    record,   of    the
            potentiality        and   propensity      of    the

detenues to continue the commission of gold smuggling activities;


     iv)    recording of awareness of the detenues
            being   in     judicial    custody     and     their
            likelihood of being released, and

     v)     intimating the detenues about their right

to make representation against the order of detention.

It is submitted that this shows that the order is

passed by the competent authority, gives detailed reasons

for detention, reflects thorough analysis of evidence and

application of mind, is based on valid grounds and

provides definite attribution of roles of all the detenues.

Further, it is made in time, no extraneous materials were

considered and no mala fides are alleged.

V. In response to the ground of impoundment of

passport of the detenue acting as a deterrent to any future

prejudicial activity, it is submitted that the material on

record demonstrates that the detenues were operating a

structured and well-planned smuggling syndicate. Their

conduct reflects a detailed understanding of regulatory

controls, deliberate and systematic efforts to circumvent

customs and baggage rules, coordinated roles in

procurement, transport, disposal of goods, and clandestine

remittances, and an operational framework intentionally

designed to avoid detection and leave no trace. These

features indicate not an isolated or spontaneous act but the

functioning of a pre-existing, well-organized network. The

evidence shows that their enterprise does not require their

personal movement abroad. The arrangements in Dubai,

the use of carriers, coded communication, the Hawala link,

and the disposal mechanism in India all demonstrate that

the syndicate can function even without any of them

travelling internationally.

Relevant portion from the Statement of Objections

addressing the specific ground reads as follows:

"31. Re: Para 26 & 27: With reference to these

Paras, save and except what are matters of facts and record, each and every contention is denied. In this regard, it is humbly submitted that there are sufficient grounds against the detenu with regard to her potentiality

and propensity of inter-alia concealing and keeping the smuggled goods for which passport is not required. Paras 1(xlvi), 2, 6 and 7 of the Grounds of Detention read together provide the subject satisfaction of the detaining authority. It has been clearly elaborated in the Grounds of Detention that the detenu is the kingpin of a smuggling network and has the resources to orchestrate and execute smuggling activities even without traveling abroad. The detenue's involvement is not limited to physical smuggling but extends to planning, organizing, and coordinating the smuggling operations through associates and intermediaries. The absence of a passport does not impede the detenu's potentiality and propensity to continue these illegal activities. Hence, the contention of the detenu is misconceived, wrong and untenable."

Further, Section 3 of COFEPOSA Act is preventive

rather than punitive, with its focus on neutralizing the

likelihood and continuing potential of a person engaging in

or abetting acts of smuggling. Therefore, the mere

impounding of their passports does not obviate the need for

preventive detention under COFEPOSA Act.

VI. In response to the non-application of mind by

the detaining authority while passing the order of detention

is in contravention to the COFEPOSA Act, it is submitted

that the phrase "smuggling goods, transporting, concealing

and keeping smuggling goods" in the detention order is

referable to Sections 3(1)(i) and 3(1)(iii) of the COFEPOSA

Act and, by reason of the commas used, is to be read

conjunctively. The use of a comma instead of the word "or"

signifies that the detention is based on cumulative

involvement in multiple activities, namely smuggling goods

as well as transporting, concealing and keeping smuggled

goods, rather than on any single act. This drafting reflects

the detaining authority's satisfaction that the detenue is

engaged in all such activities, and therefore the relevant

provisions of the COFEPOSA Act have been lawfully

invoked.

9. The learned for ASGI rebuts the citations relied

upon by the petitioner for the following reasons:-

Sl.

              Citation                 Reason for inapplicability
 No.

1.     Gracy v.    State    of Distinguished in Jasbir Singh v. Lt.
       Kerala                  Governor, Delhi, (1999) 4 SCC 228
                               (Annexure 1)

2.     Mortuza     Hussain when the detenue is in custody
       Choudhary v. State Detention      Order  should   indicate
       of Nagaland         awareness of the fact that detenues is
                           actually in custody.

                               Mere reading out the grounds without





                            translation script in    language
                            understood by the detenue is not
                            sufficient.

3. Jaseela Shaji v. Union Not all documents casually referred to of India be given to the detenue. Due & timely consideration of representation to Appropriate Authority.

4. Pramod Singla v. Delay in Consideration of Union of India, and representation

Kenneth Jideofor v.

Union of India

5. Joyi Kitty Joseph v. If Bail already granted before passing Union of India of Detention Order, it should reflect why Bail conditions are not sufficient for preventing detenue from further indulgence in smuggling activities.

6. Ankit Ashok Jalan v. Four basic principles of Consideration Union of India of representation by Appropriate Authority: opportunity of representation; consideration of representation by Appropriate Authority is independent of action by Advisory board; timely consideration of representation; & exercise of opinion & judgment by Appropriate government before forwarding the case to Advisory Borad.

7. Kamleshkumar Failure to inform the right to Ishwardas Patel v. representation causes denial of the Union of India right u/ Art 22.

8. Shabana Abdulla v. WhatsApp chats of Four accused were Union of India relied upon but were not furnished to them. Writ filed by three accused was allowed by High Court but dismissed the Petitioner's Writ. It was reversed by Supreme Court

9. Vihaan Kumar v. Relates to arrest and communication State of Haryana, of grounds of arrest under Prevention Prabhir Purkhyastha of Money Laundering Act (PMLA) v. State of Haryana,

and Pankaj Bansal v.

Union of India

10. Having considered the contentions advanced,

we notice that the major contention on which the order of

detention is challenged is that the copy of the pen drive

which is one of the relied on materials had not been made

available to the detenue along with the other relied on

documents.

11. We notice that in the Statement of Objections, it

has been clearly stated by the learned ASGI that the pen

drive was taken to the prison where the detenue was

housed and was played on a laptop and the detenue was

shown the entire contents of the pen drive. She duly

acknowledged this fact on 27.04.2025 and also specifically

asked for the pen drive to be delivered to her lawyer-Shri.

Shashwath S. Prakash. It is specifically pleaded that

repeated attempts were made to deliver the pen drive

either to the lawyer or to the detenue's mother, that is,

the petitioner herein. Eventually, the petitioner-mother

accepted the pen drive on 17.05.2025 at 6:20 p.m.

12. We have given our anxious consideration to the

decisions on the point which are relied on by the learned

senior counsel for the petitioner. We notice that the

providing of copies of all relied on materials, which are

taken into account by the detaining authority for passing

the order of detention is sine qua non for the passing of a

valid detention order.

13. It is not in dispute that the pen drive would also

be one of the relied on materials. However, in the instant

case, it is clear that the detenue was in judicial custody

when the detention order and the relied on materials were

served on her. It is clear that the serving of a pen drive

without the hardware required to play the same would

have served no purpose at all. It is clearly contended that

an Officer of the respondents had gone to the prison with a

laptop and had played the entire contents of the pen drive

to the detenue in her presence which she acknowledges in

writing. She thereafter required the pen drive to be

handed over to her lawyer.

14. The Statement of Objections also speaks about

the repeated attempts made by the respondents to serve

the pen drive on the lawyer as required by the detenue.

However, the lawyer refused to accept the pen drive.

Ultimately, the pen drive was made available to the

petitioner herein, who is the mother of the detenue.

15. In the facts and circumstances of the instant

case, we are of the opinion that the contents of the pen

drive having been clearly shown to the detenue, the fact

that the person designated by her to accept the pen drive,

refused to do so, cannot be relied on by the petitioner to

contend that the order of detention was vitiated.

16. In the peculiar facts and circumstances of the

instant case, we are of the clear opinion and the

contention that the pen drive was not served on the

detenue cannot be a reason to invalidate the order of

detention.

17. The next serious ground urged is that pages

No.1010 and 1011 of the materials supporting the

detention being in Kannada language and the detenue

being unable to read Kannada, the order of detention was

vitiated on that count also. However, the objections clearly

show that the writing in Kannada language related to an

unrelated bail petition and the said pages were used only

as backing sheets in the relied on documents by mistake

and were not relied upon at all.

18. That specific statement in the Statement of

Objections regarding the provision of translated documents

reads as follows:-

"40. x x x x x It is humbly submitted that the bail application vide Crl. Misc. No. 2598 of 2025 submitted by Shri Tarun Konduru Raju to Hon'ble Sessions Court, Bengaluru (CCH-64) as received by the Sponsoring Authority were furnished to the Detaining Authority. These documents also included two pages which happened to be in Kannada Language. These two pages were given to the Sponsoring Authority as part of the bail application by Shri Tarun Konduru Raju's Advocate and the same were attached by them to shield the documents from mutilation of the main documents. Hence, these two pages were not relevant to the present case. However, for the sake of completeness, the said two pages were also provided to the Detaining Authority who, while formulating the grounds of detention, has not relied on these two pages but only on the bail application, objection to the said bail application filed by DRI, BZU and the order passed by the Hon'ble Court rejecting the said bail application." x x xxx

19. We have perused the relied on documents and

we also find that pages No.1010 and 1011 in the relied on

documents written in Kannada are only used as backing

sheets and are not actually a part of the relied on

documents. Further, in the case of Jaseela Shaji (supra)

the Apex Court has observed as follows:

"28. There can be no doubt that it is not necessary

to furnish copies of each and every document to which a

casual or passing reference may be made in the narration

of facts and which are not relied upon by the Detaining

Authority in making the order of detention. However,

failure to furnish copies of such document/documents as

is/are relied on by the Detaining Authority which would

deprive the detenu to make an effective representation

would certainly amount to violation of the fundamental

right guaranteed under Article 22(5) of the Constitution of

India.

31. It could thus be seen that though this Court

held that a copy of every document mentioned in the

order is not required to be supplied to the detenu, copies

of only such of those documents as have been relied on

by the detaining authority for reaching the satisfaction

that preventive detention of the detenu is necessary are

required to be supplied to him."

20. In the above view of the matter, we are clear in

our minds that the non-supply of the translations of pages

No.1010 and 1011 cannot be fatal to the Detention Order

since the said two pages in Kannada language are not part

of the relied upon materials at all. Further, with regard to

the contention that pages No.1077 and 1099 of the relied

on documents were furnished in a truncated form. We

notice that the truncation was only due to a faulty

Photostat copy and that the relied upon documents have

been served in their full form along with the detention

order to the detenue. The said ground also therefore

cannot be relied on.

21. Further, the order of detention specifically

records that the detenue is suffering imprisonment and

that her applications for bail have been rejected. However,

the detention order also records that there is every

possibility of the detenue being released on bail and that

the detention of the passport of the detenue in Court

custody would not be sufficient in the nature of the

offences committed by her to deter her from committing

similar offences of smuggling in the future as well.

Further, the contention that she has not been informed of

her right to submit the representations is also incorrect

since the order of detention specifically contains such

information. Further, the contention that the detenue has

a right to be represented by Legal Counsel is also

absolutely incorrect since there is no such right provided

under Section 8(e) of the COFEFOSA Act. Further, the

representations submitted by the detenue have been

placed before the Advisory Board and have been

considered and rejected by the Central Government. The

contention raised that there is a delay in serving the

grounds of detention also cannot be accepted since Section

3(3) of the COFEPOSA Act provides that the grounds of

detention shall be communicated to the person detained as

soon as may be after the detention but ordinarily not later

than five days, and in exceptional circumstances and for

reasons to be recorded in writing, not later than fifteen

days, from the date of detention. In the instant case, the

grounds of detention supporting the detention order dated

22.04.2025 has admittedly been served on 27.04.2025.

22. We therefore come to the conclusion on a

consideration of the materials placed on record and the

pleadings of the parties that the order of detention has

been passed after considering all the relevant aspects of

the matter. We also notice that the representations

submitted by the detenue have been duly considered.

23. In the above situation, we are of the opinion

that the challenge raised as against the order of detention

cannot be sustained. The writ petition fails and the same is

accordingly dismissed.

Sd/-

(ANU SIVARAMAN) JUDGE

Sd/-

(VIJAYKUMAR A. PATIL) JUDGE cp*

 
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