MOHAMMAD RAFIQ,J. - (1.) These two writ petitions have been filed by Laxman Sindhi and Kishore Sindhi, praying for quashment of orders F.NO. 673/06/2013 dated 30.05.2013 passed under section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short 'the COFEPOSA Act') and dated 16.07.2013 passed under Section 7(1) of the COFEPOSA Act and further to quash proclamation dated 02.08.2013 published in newspaper Dainik Bhaskar.
(2.) Facts of the case are that investigation was conducted by the officers of Directorate of Revenue Intelligence, Jaipur (for short 'the DRI') in respect of certain consignments, which arrived at Foreign Post Office, Jaipur in the name of M/s. Esdire International House No. 2305, Ghee Walon Ka Rasta, Johri Bazar, Jaipur. DRI officers visited Foreign Post Office, Jaipur and found two parcels covered under EMS Nos. EA055266881 HK and EA 055266895 HK consigned to the aforesaid firm lying there ready for clearance. The Customs Officers allowed clearance of these parcels without opening and without calling for import documents from the aforesaid firm. As per the show cause notice, the officers of DRI kept surveillance, during which they observed that one Shri Ram Prasad Gurjar, an employee of the postal department, removed both the parcels to the bonded godown. In the evening, when the DRI officers recalled and weighed the said parcels, they found some difference in the actual weights and declared weights. They also found that fresh tape was affixed on the parcels. On further search of the premises, the officers of DRI found two small packets in brown plain wrappers hidden in one corner of the godown underneath an almirah without having any EMS Slip or post office number. On interrogation, Shri Ram Prasad Gurjar admitted that the said small packets were removed by him from the subject two parcels under EMS Nos. EA 055266881 HK and EA 055266895 HK. DRM seized the parcels on 29.04.2011. Shri Ram Prasad Gurjar was arrested and after detailed investigation, the Commissioner of Customs issued a Show Cause Notice dated 17.10.2011 under section 110 (2) of the Customs Act, 1962 (for short 'the Customs Act') stating therein that M/s. Esdire Internationals was engaged in smuggling of Iridium through fraudulent removal of part consignment from the post parcels received from Overseas Suppliers, without payment of duty, prior to customs checks, at Foreign Post Office, GPO, Jaipur. Glass Chatons used for concealment of Iridium was also being imported by misdeclaring as glass beads and undervaluing them with intent to evade payment of duty. It may be noted here that Iridium is a precious silver white transition metal of Platinum group. After further investigation, DRI issued show cause notice dated 24.04.2012 to the aforesaid firm, in response to which, Shri Vinod Kumar Vijay appeared for the first time on 12.06.2012 and gave his statement where the role of the petitioners was revealed.
(3.) Mr. A.K. Bhandari, learned Senior Counsel appearing on behalf of the petitioners argued that notices dated 27.04.2012, 30.05.2012 and 05.06.2012 were issued to the petitioners. The DRI issued an addendum/corrigendum dated 18.01.2013 to the said Show Cause Notice dated 24.04.2012 in which an entirely new case was set up where for the first time the petitioners were alleged to have been involved as receiver of consignment after clearance from Foreign Post Office. The petitioners filed detailed reply to the show cause notices denying all the allegations. However, the department, in utter disregard of the law and in gross abuse of the powers resting upon it, passed an order of detention dated 30.05.2013 under Sub-section (1) of Section 3 of the COFEPOSA Act against the petitioners with a view to prevent them from smuggling the goods in future.;