Smt. Rama Raju Vs Joint Secretary Cofeposa (Karnataka High Court)
Karnataka High Court held that the power of revocation of detention orders is specifically vested with the Central Government and not with the detaining authority under Section 11 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 [COFEPOSA Act].
Facts- Smt. Harshavardhini Ranya, was intercepted on 03.03.2025 at the Green Channel at Kempegowda International Airport, Bengaluru, while attempting to exit without declaration. A personal search revealed 17 foreign-marked gold bars weighing approximately 14,200.53 grams concealed on her person. Smt. Harshavardhini Ranya was arrested on 04.03.2025. Her voluntary statements were also recorded. Further, voluntary statements recorded reveals that she was a Director in five firms including ‘Vira Diamonds Trading LLC, Dubai’. Her phone, laptop and other electronic devices were also voluntarily surrendered and subjected to examination. Customs declaration dated 06.03.2025 and 25.03.2025 in the name of M/s.Vira Diamonds Trading LLC for 2.8 kilograms of gold to the United States of America and 1.5 kilograms of gold to Thailand were retrieved from the laptop of Smt. Harshavardinin Ranya.
This Writ Petition Habeas Corpus is filed by Smt. Rama Raju, petitioner and mother of the detenue – Shri. Tarun Konduru Raju seeking a writ of Habeas Corpus to declare the detention order dated 22.04.2025, issued under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA Act), as illegal.
