- (1.) These appeals arising out of the judgments and orders dated 4-4-2004 passed by the High Court of Punjab and Haryana at Chandigarh in Criminal Writ Petition Nos. 1397 and 1432 of 2003 involving similar questions of law and fact were taken up for hearing together and are being disposed of by this common judgment. However, the factual matrix of the matter is being noticed from Criminal Appeal No.821 of 2004.
(2.) The Appellant is the wife of the detenu Vinod Kumar Garg who was detained by an order dated 20th October, 2003 passed by the Joint Secretary to the Government of India, Ministry of Revenue, New Delhi purported to be under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short 'the COFEPOSA Act').
(3.) The grounds of detention indicate that the said order of detention was passed primarily on two allegations, viz. : (a) the export consignment was mis-declared stating it to be alloy steel forging (machined) although actually the same was a metal scrap; and (b) the goods were over invoiced as the value thereof was declared by the exporter to be Rs.170-175 per kg instead and place of its actual value being only Rs.4-5 per kg.;