Mukta Gupta JUDGMENT
Mukta Gupta, J.
1. In this writ petition under Article 226 of the Constitution of India, the challenge is to the order of detention dated 10th October, 2016 passed by the Joint Secretary to Government of India against husband of the petitioner i.e. Narender Kumar Jain directing his detention under Section 3(1) of the Conservation of Foreign Exchange & Prevention of Smuggling Activities Act, 1974 (in short 'the COFEPOSA Act'). The detention order dated 10th October, 2016 was served on the petitioner's husband on the same day followed by the grounds of detention and relied upon documents served on 11th October, 2016.
2. Briefly the facts set out in the grounds of detention on the basis of which the detention order dated 10th October, 2016 has been passed are:
2.1 Upon receipt of a specific intelligence, the Delhi Zonal Unit (DZU) of the Directorate of Revenue Intelligence (DRI) seized 60 gold bars weighing 9955.2 grams at CELEBI warehouse, Domestic Terminal, Air Cargo Complex, New Delhi on 1st/2nd September, 2016 from one Sartaj vide Panchnama dated 1st/2nd September, 2016. The market value of the seized gold was appraised at ` 3.06 crores. The consignment was booked by M/s. Aameen Traders, Guwahati to M/s. Aameen Traders, Delhi and Sartaj was the authorized representative of M/s. Aameen Traders for collection of the said consignment sent through Jet Airways vide airway bill No. 48510383 and the description of the goods in the airway bill was given as 'Bullion'. In his statement under Section 108 of the Customs Act, 1962 on 2nd/3rd September, 2016 Sartaj inter-alia stated that he was working as a driver for M/s. Rara Brothers on a salary of ` 9000/- per month and was assigned the duty to take delivery of goods from Air Cargo, New Delhi and was paid ` 500 per shipment in addition to his salary. He visited Air Cargo to take delivery of gold on directions of Narender Kumar Jain who was the owner of M/s. Rara Brothers and he has been performing this duty for approximately two years. He knew that the arrived shipment contained gold and used to go to Air Cargo complex twice or thrice a week for taking delivery of the consignment. He informed that the shop of M/s. Rara Brothers was at 1171, Kucha Mahajani, Chandni Chowk and Anoop and Harsh also worked with M/s. Rara Brothers besides Raju Arora, who is his brother-in-law.
2.2 Officers of DRI summoned and recorded the statement of Narender Kumar Jain on 2nd/3rd September, 2016 under Section 108 of the Customs Act wherein he inter alia stated that he was born on 28th October, 1970 at Guwahati, Assam and after completing his B.A. he started sitting with his father late Shri Mahabir Prasad Jain in his firm namely M/s. Rara Brothers at 1st first floor, Shiv Market, Fancy Bazaar, Guwahati, Assam. This firm dealt in purchase of silver, gold, old utensils, jewellery and precious stones. Initially the firm was a proprietorship firm of his grandfather and thereafter of his father, however the firm was converted into a company namely M/s. Rara Brothers Pvt. Ltd. in the year 1997 with four Directors, namely Mahabir Prasad Jain, Manbhar Devi Jain, Sandhya Jain and Narender Kumar Jain. After the death of his father, he was looking after the affairs of his company and business and had one office at 1171, third Floor, Kucha Mahajani, Chandni Chowk which was looked after by Anoop Mishra, Harsh Shrivastava and one peon Chauhan. He inform........