Priyanka Sarkariya Vs Union of India & Anr. (Supreme Court of India)
Supreme Court held that a detenu has no right of being represented by the counsel in the proceedings before the Advisory Board. Accordingly, detention order of detenu indulged in gold smuggling activities upheld as satisfaction of the Detaining Authority is a subjective one.
Facts- Specific intelligence was received by the Department of Revenue Intelligence (‘DRI’), Bengaluru Zonal Unit that one female passenger bearing an Indian Passport was suspected of carrying gold, either in the form of gold bars or in the form of a paste, would be travelling from Dubai, United Arab Emirates to Bengaluru, India. Subsequently, an interception of the detenu – Smt. Harshavardhini Ranya was made on 03.03.2025, near the Green Channel of the International Customs Arrival Hall, Terminal 2 of the Kempegowda International Airport, Bengaluru. This was followed by the recovery of a huge quantity of gold amounting to 17 foreign-marked gold bars, weighing approximately 14.2 kilograms. On the next day, i.e., on 04.03.2025, the detenu – Smt. Harshavardhini Ranya was arrested, followed by the recording of her statement u/s. 108 of the Customs Act, 1962 on 10.03.2025, along with that of her associate Shri Tarun Konduru Raju on 12.03.2025.
