Illegible RUDs supplied to detained Customs House Agent detained under Customs & COFEPOSA Acts: Delhi HC grants Bail to Detenu [Read Order]

The Delhi High Court has granted bail to detenu Ravi Chandra Mishra, on the ground that the RUDs supplied to the detenu were the same and illegible ones as those supplied to the detenus in the case of Zakir Khan v. Union of India & Ors (2022).

The Division Bench of Justice Siddharth Mridul and Amit Sharma observed that, in the case of Zakhir Khan, the Delhi High Court had quashed and set aside the detention orders issued against the co-detenus.

The detenu is engaged in his profession as a Customs House Agent (“CHA”) and has been handling the customs clearing work for various importers/exporters at customs ports in Kolkata and other Indian ports. The investigation against the detenu originated from an investigation initiated by the Income Tax Department and thereafter by the Directorate of Revenue Intelligence (“DRI”) against Zakir Khan.

Mr. Shubhankar Jha, learned counsel appearing on behalf of the detenu vehemently assails the impugned order of detention whilst submitting that the non-supply of relied upon documents (RUDs) has jeopardized the only right available to the detenu i.e. the right of making an effective representation.

The detenu, Ravi Chandra Mishra urged release from detention on the ground of parity as being better placed than the detenus in the case of Zakir Khan.

It was observed by the bench that several RUDs supplied to the detenu, as well as those on the record with the detaining authority were admittedly illegible/dim/blank pages.

Placing reliance on Mohd. Nashruddin v. Union of India & Ors. (2021), the court quashed the detention order issued under COFEPOSA and Customs Acts and directed that the detenu be set free immediately.

To Read the full text of the Order CLICK HERE

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RAVI CHANDRA MISHRA vs UNION OF INDIA AND ORS. , 2022 TAXSCAN (HC) 847 , Mr. Shubhankar Jha , Mr. Kirtiman Singh, CGSC for UOI alongwith Mr. Waize Ali Noor and Ms. Vidhi Jain,