Bhattacharya, J. - (1.) In this application under Article 226 of the Constitution of India for Habeas Corpus, the petitioner has sought for release, on setting aside the order of detention, of her husband Sri Manas Kumar Moitra, hereinafter referred to as the detenu, who has been detained on 24.06.2004 by virtue of an order of detention passed under Section 3(1) of the Conservation of Foreign Exchange & Prevention of Smuggling Activities Act, 1974, hereinafter referred to as the COFEPOSA Act, on 21.06.2004. The said order of detention together with the grounds therefor is contained in Annexure P-1 to the writ application.
(2.) The background history leading to the above application is that two containers containing fraudulent export cargo of M/s. S. G. International Pvt. Ltd., Kolkata, meant for loading on the vessel M.V. Thor Lone, were intercepted by the Officers of Dock Intelligence Unit (Prev.) on 15.11.2003 at Netaji Subhas Dock Yard after issue of the dock challan. As no representative of the said exporter, of which the detenu is the director, was available, the seals of the containers were opened in presence of the authorized representative of the Customs House Agent M/s, S. N. M. Agency, two independent witnesses & CISF Personnel, and it was found that out of recovered 3109 cartons as against declared quantity of 2729 cartons (in 13 shipping bills), 2206 cartons contained waste rubber materials/ cuttings/ trash/broken bricks in wet condition and the balance 903 cartons contained the declared goods. The said 13 Shipping Bills of different dates were filed for export of 2729 cartons of goods declared as Leather Gloves and Leather Wallet with a declared FOB value of Rs. 4,91.60.000/-. The Bills of Export for duty-free goods revealed that the said M/s. S. G. International Pvt. Ltd. being a unit of Falta Economic Zone (FSEZ) had procured the purported export consignments from M/s. Peoples Tannery of 72, Matheswar Tolla Road, Kolkata-700 046 and M/s. Sree Exports Pvt. Ltd. of 17A Sura Third Lane, Kolkata-700 010, of which the detenu is a senior partner & Director of the firms respectively, and thus M/s. Peoples Tannery & M/s. Sree Exports Pvt. Ltd. would have claimed fraudulently Drawback/DEPB amounting to about Rs. 44.24.400/-, being... of the total declared FOB value of Rs. 4,91,60,000/- Since the said authorized representative of the Customs House Agent could not produce any satisfactory explanation forthe above misdeclared export cargo, the containers along with the recovered goods, were seized on 19.11.2003 under Section 11 Oof the Customs Act, 1962 as those were illegally and fraudulently attempted to be exported outside India to fulfil their export obligation, in contravention of the provisions of the Customs Act.
(3.) The detenu was arrested and produced before the Court of learned Chief Metropolitan Magistrate, Kolkataon 11.12.2003 when he was ordered to be kept in judicial custody till 22.12.2003, which was subsequently extended. On 27.01.2004 he was granted bail by the learned phief Metropolitan Magistrate, Kolkata on certain conditions. With a view to preventing him from smuggling goods in future, on 21.06.2004 the Detaining Authority issued an order of detention under Section 3(1) of the COFEPOSA Act which was executed by the local police authorities and accordingly, he was detained and kept in custody in the Presidency Correctional Home at Alipore on and from 24.06.2004.;