Delhi HC refuses to set free gold smuggling ‘mastermind' detained under COFEPOSA

New Delhi: The Delhi High Court has refused to interfere with a detention order passed under COFEPOSA detaining a “mastermind of a gold smuggling syndicate” and a “key member of a syndicate involved in drug trafficking”.

A bench headed by Justice Prathiba M. Singh was hearing a petition filed by the wife of Sameer Haroon Marchant alias Afzal Haroon Batatawala challenging her husband's detention under the Conservation of Foreign Exchange and Prevention of Smuggling Activities (COFEPOSA) Act, 1974.

The petitioner contended that the ordinary law is sufficient to take care of the apprehensions of the authority and the impugned detention order was totally uncalled for.

Rejecting the contention, the Bench, also comprising Justice Amit Sharma, said that it is a settled principle of law that the order of preventive detention can be passed even where the detenu is facing prosecution under the ordinary law of the land.

It was also argued on the petitioner’s behalf that there is no clarity as to under which sub-clause of Section 3 of COFEPOSA, the impugned detention order was passed.

On the other hand, the Union government argued that the detenu is a habitual offender and a smuggler having local and international links.

Further, it said that the detenu is involved in overseas smuggling and even if released for a short period he would be able to re-activate his entire network involved in the smuggling activities, impacting the country's economy. It anticipated that the detenu would engage in smuggling and also indulge in illegal activities through third parties, who are connected to him.

In its judgment, the Delhi High Court noted that the detention order reflected the fact that detenu was running a well-organised smuggling network with the aid of his associates and having a well-established mechanism for dealing with foreign-origin gold.

After going through the material on record reflecting the activity of the detenu and also the fact that the procedure and statutory safeguards have been fully complied with by the detaining authority, the Delhi HC dismissed the petition and said that the impugned order of detention called for no interference.