New Delhi

The Delhi High Court has upheld a detention order against Sameer Haroon Marchant, also known as Afzal Haroon Batatawala, identified as a key figure in a gold smuggling ring and involved in drug trafficking. Justice Prathiba M. Singh and Justice Amit Sharma reviewed a petition from Marchant’s wife, who challenged the legality of the detention under the Conservation of Foreign Exchange and Prevention of Smuggling Activities (COFEPOSA) Act, 1974.

The petitioner argued that existing laws were sufficient to address the authorities’ concerns and that the detention was unnecessary. However, the court maintained that preventive detention can be justified even when a person is already facing prosecution under ordinary laws.

The Union government countered, stating that Marchant is a habitual smuggler with both local and international connections. They expressed concern that, if released, he could quickly resume his smuggling operations, which would harm the nation’s economy.

In its ruling, the Delhi High Court highlighted evidence indicating that Marchant was managing a sophisticated smuggling network with the help of associates and had established methods for handling gold smuggled from abroad. After examining the relevant details and confirming that proper procedures had been followed, the court dismissed the petition, asserting that the detention order did not warrant any changes.