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2011 (3) TMI 1381 - HC - CustomsSmuggling - Order of detention passed under Section 3(1)(i) of the Conservation of Foreign Energy and Prevention of Smuggling Activities, 1974 (COFEPOSA Act) - samples were drawn from the consignments found at M/s. Viking Warehousing Container Freight Station, there is nothing on record to show that the samples were tested in any laboratory and there are communications to the effect that the customs authorities simply relied on the alleged certificate of analysis produced by the Export Manager - there was no other past activity on the part of the detenu to come to a reasonable conclusion that he was regularly indulging in smuggling activities - order of detention passed by the first respondent stands vitiated on the ground of non-application of mind since the subjective satisfaction of the detaining authority regarding the description of the contraband is based on inconclusive test report and on reports obtained from laboratories, which are not notified and also on the ground that the valuation was not made as per Customs Valuation (Determination of Value of Imported Goods) Rules, 2007, Habeas Corpus Petition is allowed and the impugned detention order of the first respondent in Detention Order set aside
Issues Involved:
1. Reliability of Test Reports 2. Valuation of the Contraband 3. Delay in Passing and Executing the Detention Order 4. Basis of Detention on a Solitary Instance Issue-wise Detailed Analysis: 1. Reliability of Test Reports: The petitioner challenged the detention order under Section 3(1)(i) of the COFEPOSA Act, arguing that the test reports used to justify the detention were inconclusive and from non-notified laboratories. The samples drawn from the export consignments were analyzed by Coromandel Fertilizers Limited and the Customs House laboratory. However, the report from the Dy. Director, Regional Fertilizer Control Laboratory, stated that the samples could not be tested as they were not drawn according to statutory rules. The court found that the Coromandel Fertilizers Limited and Customs House laboratory were not notified laboratories as per Clause 29 of the Fertilizer (Control) Order, 1985. Thus, the subjective satisfaction of the Detaining Authority was based on unreliable and inconclusive reports, leading to non-application of mind. 2. Valuation of the Contraband: The petitioner contended that the valuation of the seized goods was not done in accordance with the Customs Valuation (Determination of Value of Imported Goods) Rules, 2007. The declared value of the goods was Rs. 30,72,197.50, whereas the customs authorities valued it at Rs. 62,72,000/-. The court noted that the valuation report lacked details and the Detaining Authority failed to seek clarification regarding the discrepancy. This non-application of mind further vitiated the detention order. 3. Delay in Passing and Executing the Detention Order: The petitioner argued that there was an undue delay in both passing and executing the detention order. The court found that the last report was obtained on 3-8-2009, and the detention order was passed on 8-10-2009, which did not constitute an unreasonable delay. However, there was a delay of about 10 months in executing the detention order. The detenu was at large after being released on bail, and the order was executed only upon his arrest. The court held that this delay did not vitiate the detention order. 4. Basis of Detention on a Solitary Instance: The petitioner argued that the detention order was based on a solitary instance of alleged smuggling. The court held that even a single instance could justify a detention order under the COFEPOSA Act if the Detaining Authority had sufficient material to conclude that the detenu was indulging in smuggling activities detrimental to the national economy. The court cited precedents from the Supreme Court to support this view and rejected the petitioner's contention. Conclusion: The court concluded that the detention order dated 8-10-2009 was vitiated due to non-application of mind by the Detaining Authority, as the subjective satisfaction was based on inconclusive test reports from non-notified laboratories and improper valuation of the contraband. Consequently, the Habeas Corpus Petition was allowed, and the detention order was set aside, ordering the release of the detenu unless required in connection with any other case.
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