G.P.MATHUR, J. - (1.) This petition under Article 226 of the Constitution has been filed praying that a writ of mandamus be issued commanding the respondents not to arrest and detain the petitioner under the provisions of Section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as COFEPOSA) and to restrain the respondents from giving effect to the detention order passed against the petitioner.
(2.) The authorities of Customs Department conducted search of premises bearing No. C.K. 13/48, Pashu Pateshwar, Varanasi on 4-9-1999 and found twelve bags of silk yarn of Chinese origin stored therein. On opening of the bag, a label was found which contained the writing - "Blosoms, White Steam Filature China National Silk Import and Export Corp. Made in China." The wife of the owner-landlord of the premises informed the authorities that the same had been let out to a tenant. Thereafter, the owner of the premises G. N. Mishra was summoned to Customs Office, who informed in writing and also gave an affidavit that the premises had been let out to the petitioner Mahesh Rathi on a rental of Rs. 1000.00 per month and he carries on business of Banarasi Sarees and whatever goods were found in the premises belonged to him. The petitioner Mahesh Rathi was also summoned in the office of Customs Department, wherein, his statement was recorded on 4-10-1999. He admitted that he was carrying on business of Banarasi Sarees and his godown was situate in premises No. 13/53, Pashu Pateshwar in Varanasi city. He also admitted that Rajesh Singh used to bring Chinese Silk yarn from Bangaladesh and Nepal and used to give him for the purpose of sale. Subsequently, the petitioner gave an application that his statement had been recorded by the Customs authorities under threat and coercion and it was not his voluntary statement.
(3.) The petitioner was taken into custody and was produced before the Magistrate on 5-10-1999. He was granted bail on 30-10-1999. It is averred in paragraph 18 of the writ petition that after a lapse of more than one year, an order under Section 3(1) of COFEPOSA has been passed against him and he came to know about the said order when some officers of Custom Department and police personnel came to his house to arrest him in the first week of January 2001. It is in these circumstances that the petitioner has filed the present writ petition under Article 226 of the Constitution and the principal parayer is that the detention order Article 226 of the Constitution and the principal prayer is that the detention order passed against the petitioner may be quashed and he should not be arrested or detained in pursuance of the aforesaid order.;