The top court also ordered that the detenues be taken into custody forthwith.
The Supreme Court has restored detention orders issued under the stringent Cofeposa Act against an uncle-nephew duo, part of a corporate-style smuggling syndicate, by setting aside a Delhi High Court verdict in this regard, the DRI said today.
An order under the Conservation of Foreign Exchange and Prevention of Smuggling Activities (Cofeposa) Act was issued on July 2 for the arrest of Ashok Jalan and Amit Jalan accused of being masterminds of a large number of cases of gold smuggling and hawala transactions, it said in a statement.
Seizures of about 420 kgs of gold valued at about Rs 120 crore and of USD 7,50,000 are attributed to them, the Directorate of Revenue Intelligence (DRI) said in the statement.
A writ petition was filed before Delhi High Court against the Cofeposa order on behalf of the detenues. The court had on August 2 quashed the orders of detention issued under the Act, following which they were released from custody, it said.
Meanwhile, a special leave petition was filed in the Supreme Court against the High Court order.
A three-judge bench of the top court, in its order dated November 22, set aside the Delhi High Court verdict stating that the "High Court has committed a grave error in quashing and setting aside the detention orders and interfering with the subjective satisfaction of the detaining authority", the DRI said.
The top court also ordered that the detenues be taken into custody forthwith.
Both Ashok and Amit Jalan have since surrendered and have been taken into custody and were lodged in presidency correctional home on Sunday, the statement said.