Naveen Kasera Alias Naveen Agarwal vs. Union Of INDIA Secretary Ministry Of Finance

W.P.(CRL)/630/2021HC DelhiGSTCNR DLHC01013203202130 September 2021Bench: HON'BLE MR. JUSTICE SIDDHARTH MRIDUL,HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI20 pages

For Petitioner: Mr. Neeraj Jain, Advocate with Mr. U.M. Tripathi & Mr. Anupam Mishra, AdvocatesFor Respondent: Mr. Anurag Ahluwalia, CGSC for UOI

AI SummaryAllowed

Held

The Court held that the detention order was invalid because there was an inordinate delay of over two years between the alleged prejudicial activity and the passing of the detention order. This delay snapped the live-link or causal connection required for preventive detention, rendering the grounds stale and illusory.

Facts

The petitioner was placed under preventive detention under the COFEPOSA Act based on allegations of controlling a syndicate involved in fraudulent exports and imports to evade customs duty and earn IGST refunds. The alleged prejudicial activity primarily stemmed from a single shipping bill dated 11.12.2018.

Key Issues

Whether a preventive detention order is valid when passed more than two years after the alleged prejudicial activity, and if the grounds for detention are stale and lack a real nexus.

Sections Cited

section 3(1) of the Conservation of Foreign Exchange & Prevention of Smuggling Activities Act, 1974

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances

W.P.(CRL) 630/2021 Page 1 of 20 $~S~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 30th September 2021 + W.P.(CRL) 630/2021 NAVEEN KASERA ALIAS NAVEEN AGARWAL ..... Petitioner Through: Mr. Neeraj Jain, Advocate with Mr. U.M. Tripathi & Mr. Anupam Mishra, Advocates. versus UNION OF INDIA SECRETARY MINISTRY OF FINANCE ..... Respondent Through: Mr. Anurag Ahluwalia, CGSC for UOI. CORAM: HON'BLE MR. JUSTICE SIDDHARTH MRIDUL HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

J U D G M E N T

ANUP JAIRAM BHAMBHANI J. Brief Background

By way of the present petition filed under Articles 226 and 227 of the Constitution of India and section 482 of the Code of Criminal Procedure, 1973, the petitioner Naveen Kasera alias Naveen Agarwal, challenges order dated 15.01.2021 bearing F.No.:PD-12001/03/2021–COFEPOSA („detention order‟) made under section 3(1) of the Conservation of Foreign Exchange & Prevention of Smuggling Activities Act, 1974, („COFEPOSA Act‟) whereby the petitioner has been put under p

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