Gold Smuggling | Karnataka HC Seeks Centre's Stand In Plea To Declare Actress Ranya Rao's Detention Under COFEPOSA As Illegal

The Karnataka High Court on Tuesday (May 13) directed the Central Government to file its objections to a petition filed by the mother of arrested Kannada Actress Harshavardhini Ranya Rao, seeking to declare that her detention under COFEPOSA, as illegal and void-ab initio.

COFEPOSA stands for The Conservation of Foreign Exchange and Prevention of Smuggling Activities Act. Ranya is presently in judicial custody after being arrested on charges of smuggling gold from Dubai.

Ranya has also been separately booked for offences u/s 135(1)(a) and 135(1)(b), 135 (1)(a)(i)(a) 135(1)(a)(i)(b), 135(1)(b)(i)(a), 135(1)(b)(i)(b) of the Customs Act being probed by the Directorate of Revenue Intelligence. The high court had rejected her bail plea in this case on April 26. 

A vacation bench of Justice H P Sandesh and Justice Ramchandra D Huddar said “Heard the petitioners counsel and counsel for respondents. The respondent to file objections in two weeks' time. List the matter on June 3.”

The Directorate of Revenue Intelligence (DRI) had seized gold bars worth ₹12.56 crore from Ranya at Kempegowda International Airport in Bengaluru on March 3. A subsequent search of her home had yielded gold jewellery worth ₹2.06 crore and Indian currency amounting to ₹2.67 crore.

During the hearing the counsel for the petitioner submitted that the detention order is passed on April 22, and it is served on April 23, without informing and not permitting to make a representation to the concerned authorities and thus it is a violation of Article 22, of Constitution of India and the entire detention is illegal.

Deputy Solicitor General H Shanthi Bhushan appearing for the Union of India sought time to file objections in the matter and sought for four weeks time. The same came to be opposed by the counsel for the petitioner by submitting that only two weeks time should be granted. It was said that the petitioner's daughter is under detention.

The petition states that in accordance with Law and the Constitution of India, the Detenu was required to have been furnished with the Grounds of Detention and the relied upon documents along with the Order of Detention.

However, the plea alleges that the same is not provided to the detenue. Further, the order of detention and grounds of detention are manifestly erroneous and illegal and shows non application of mind on the part and hence has rendered the detention illegal, it adds.

"The Order of Detention suffers from non-application of mind inasmuch as there is no head of detention under Section 3(1) of the COFEPOSA Act to detain the Detenu from smuggling goods, engaging in transporting, concealing and keeping smuggled goods," the plea states. 

Appearance: Advocate Chandra Shekara K for Petitioner.

DSGI H Shanthi Bhushan for Respondents

Case Title: H P Rohini AND Joint Secretary & Others

Case No: WPHC 47/2025