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2020 (1) TMI 209 - HC - CustomsSmuggling of Gold - Detention of accused - “reasons to believe” and “grounds of arrest” - Petitioner submitted that arrest and custody of the detenue was in violation of Art. 22(1) of the Constitution of India and Section 104 of the Customs Act, 1962, and hence continued detention was illegal and the accused was entitled for release forthwith in terms of Article 21 of the Constitution of India - HELD THAT:- On perusal arrest memorandum and the remand application, it clear that prosecution has noted that one Nisar Aliyar had smuggled gold valued at ₹ 60 Crores into India one container on 26-3-2019 concealing them inside imported metal scrap, part of which has been seized by DRI. It appears that the present detenue's son by name Happy Dhakad, who had established a company by name M/s. Ekdant Commercial Pvt. Ltd. in which though the detenue was a Director, he has claimed that he was not actively participating in the operation of the business and was not a shareholder in the said company. It appears that the said Happay Dhakad had also been summoned and had been arrested. Both - Nisar and Happy Dhakad and several other accused have been released by the Advisory Board of COFEPOSA. The interim prayers ought to be granted, subject to further orders that may be passed on final adjudication of the matter - detenue is allowed to be released.
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