Case Law Details
Ravi Chandra Mishra Vs Union of India (Delhi High Court)
Delhi High Court granted release from detention to detenu on the ground of supply of illegible/ dim/ blank pages of Relied Upon Documents (RUDs). Detention order set aside.
Facts-
The detenu (Ravi Chandra Mishra) is engaged in his profession as a Customs House Agent. It is alleged that detenu cleared import consignments of Zakir Khan’s firms knowingly and being fully aware of the fact that Zakir Khan used to import old and used laptops, mobile phones, computer/mobile accessories from Dubai, Hong Kong, China and USA by mis-declaration and undervaluation in order to evade customs duty. The detenu has allegedly actively abetted the commission of offences under the Customs Act, 1962 leading to the evasion of customs duty.
The detenu was arrested on the 27.11.2021 and sent to judicial custody. Further, the DRI submitted a proposal for detention of the detenu under the COFEPOSA Act before the Joint Secretary, COFEPOSA on 16.12.2021; in pursuance thereto, the impugned detention order was issued on 28.12.2021. The said detention order was statedly served on the detenu along with the grounds of detention, on the 29.12.2021 at the Tihar Jail, New Delhi, under alleged acknowledgement. Further, the COFEPOSA Advisory Board opined that there existed sufficient grounds for the detention of Sh. Ravi Chandra Mishra/the detenu. Accordingly, vide order dated 21.02.2022, the Central Government has considered the opinion/report of the Advisory Board and confirmed the impugned detention order. Accordingly, the detenu is presently detained and lodged at the Tihar Central Jail, New Delhi.
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