On Thursday, the Apex Court sought responses from 2 persons, accused of smuggling gold, on an appeal of the Centre against a Kerala HC decision to quash their preventive detention ordered by authorities under the law on prevention of smuggling. The HC, on Feb 19, had quashed the preventive detention order of 2 persons — Adnan Khalid & Faisal PA — under the Conservation of Foreign Exchange & Prevention of Smuggling Activities Act (COFEPOSA) for allegedly indulging in gold smuggling.
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A bench of Justices D Y Chandrachud & Indu Malhotra, in a hearing conducted via video conferencing, issued notices to them & allowed the Centre to file additional documents if any against the accused in the case. While setting them free, the HC had rapped the Directorate of Revenue Intelligence & the COFEPOSA Advisory Board for putting the accused under preventive detention. We can't but observe about the casual manner in which detention orders are passed, without a grasp of the relevant law on the subject. Technicalities in procedure abound, in the consideration of continuance of a preventive detention. The consideration is surely not proof beyond reasonable doubt or even preponderance of probabilities. Strict adherence, hence is called for & we find very many of the detaining authorities not being properly educated on the law regarding the subjective satisfaction to be entered in ordering preventive detention., the HC had observed.
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The Centre appealed against the order saying that the HC exceeded its jurisdiction by substituting the subjective satisfaction of the Detaining Authority with its own wisdom. Khalid & Faisal were held for alleged gold smuggling. They were detained after the alleged seizure of the smuggled goods from Khalid. Khalid was accused of smuggling 3 kilograms of gold hidden between his legs.
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