On 01.02.2008, i.e., after a delay of 14 fourteen and a half months, the said Order was served upon the detenu.
During the companyrse of investigation, several fictitious firms were identified which had availed the drawback allegedly running into several crores.
Brief facts The appellant herein is the brother of the detenu Shahroz Zakir Hussain Malik.
were seized.
All the abovesaid persons were subsequently released on bail and the detenu was also released on bail on 11.11.2005.
455 of 2008 whereby the High Court dismissed the petition filed by the appellant herein.
The High Court, by impugned judgment dated 14.08.2008, dismissed the said petition.
Aggrieved by the said judgment, the appellant has filed this appeal by way of special leave before this Court.
Challenging the detention order, the appellant herein brother of the detenu filed Criminal Writ Petition being No.
The DRI, Mumbai arrested about 10 persons and several records incriminating documents including companyies of Shipping bills, Import Export Codes IEC etc.,
While the detenu was on bail, on 14.11.2006, a Detention Order was issued against him by the Principal Secretary Appeals and Security to the Government of Maharashtra, Home Department and Detaining Authority exercising powers under Section 3 1 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 in short COFEPOSA and on the same day, the detention order was received by the executing authority.
455 of 2008 before the High Court.
This appeal is directed against the final judgment and order dated 14.08.2008 passed by the High Court of Bombay in Criminal Writ Petition No.
According to the appellant, the Directorate of Revenue Intelligence DRI , Mumbai Zonal Unit, on the basis of information, initiated investigation into the claim of fraudulent exports allegedly made from Nhava Sheva Port under the Drawback Scheme of the Customs Act, 1962 by a syndicate of persons in the name of fictitious firms.
Heard Mr. K.K. Mani, learned companynsel for the appellant and Ms. Asha Gopalan Nair, learned companynsel for the respondent State.
Sathasivam,J. Leave granted.
The role of the appellants brother the detenu also came to light as one of the racketeers who was involved in using fictitious IECs and forged documents for fraudulent exports under the said Scheme and he was arrested on 21.10.2005.
