Publication of Order in respect of Ding Shengfa for publication in the Gazette of India (Extraordinary) in PART II Section 3 Sub section (ii) Regarding.

## Report on Order Regarding Ding Shengfa under COFEPOSA Act **1. Executive Summary:** This report analyzes an order issued by the Ministry of Finance, Department of Revenue, Central Economic Intelligence Bureau (COFEPOSA Wing) concerning Mr. Ding Shengfa. The order, dated April 29, 2022, pertains to the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA). The order directs Mr. Ding Shengfa, who is believed to have absconded, to appear before the Commissioner of Police, Delhi. This report details the rationale, key provisions, and expected impact of this order, based solely on the provided text. **2. Introduction:** The purpose of this report is to provide an informative overview of the aforementioned order concerning Mr. Ding Shengfa under the COFEPOSA Act. The analysis is strictly based on the information provided in the supplied text of the order. **3. Policy Overview:** * **Original Policy:** Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA). * **Core Objective(s):** Based on the text, the primary objective of COFEPOSA, in this instance, is to prevent individuals from engaging in smuggling activities, including smuggling goods, abetting smuggling, and transporting or concealing smuggled goods. **4. Background and Rationale:** The rationale for this specific order (which we are treating as an amendment to the initial detention order, though the text doesn't explicitly call it that) is due to the fact that Ding Shengfa has absconded or concealed himself, making the execution of the initial detention order (PD12001012022COFEPOSA dated 01.02.2022) impossible. This order acts as a secondary measure to compel his appearance. **5. Key Provisions / Changes:** This order introduces the following key change: * **Part of Original Policy Affected:** Section 7, subsection 1, clause b of the COFEPOSA Act, which pertains to procedures when a person has absconded or concealed themselves. * **New Rule/Provision:** The order directs Mr. Ding Shengfa to appear before the Commissioner of Police, Delhi, within 7 days of the publication of this order in the Official Gazette. * **Difference/Effect of Change:** This modifies the existing legal pursuit, adding a new demand for appearance following the failure of the initial detention order. Instead of focusing on immediate detention, the immediate goal is to locate the subject and ensure his compliance with the law. **6. Target Audience and Stakeholders:** The primary target audience is: * **Ding Shengfa:** He is directly addressed by the order and obligated to comply. * **Commissioner of Police, Delhi:** The designated authority responsible for Mr. Ding Shengfa's appearance and further action. * **Law Enforcement Agencies:** Involved in ensuring compliance with the order and apprehending Mr. Ding Shengfa if he fails to appear. **7. Implementation Aspects (Inferred):** * **Responsible Agency/Bodies:** Central Government, Commissioner of Police (Delhi), Central Economic Intelligence Bureau (COFEPOSA Wing), Department of Revenue. * **Timelines:** Mr. Ding Shengfa is required to appear within 7 days of the order's publication in the Official Gazette. * **Specific to Amendment:** The Commissioner of Police, Delhi, is implicitly tasked with receiving Mr. Ding Shengfa, documenting his appearance, and presumably taking necessary steps according to COFEPOSA. **8. Expected Outcomes / Impact of Changes:** The intended outcome of this order is to compel Mr. Ding Shengfa to appear before the Commissioner of Police, Delhi. If he complies, this will allow the authorities to proceed with the original detention order or initiate further investigation. If he fails to comply, it could lead to additional legal repercussions and intensified efforts to locate and apprehend him. The impact of this specific change (issuing an appearance order) is to escalate the pursuit of the accused due to their prior evasion. **9. Conclusion:** The order issued by the Ministry of Finance represents a measure taken under COFEPOSA to address the absconding of Mr. Ding Shengfa, who was initially ordered to be detained for activities related to smuggling. By directing him to appear before the Commissioner of Police, Delhi, the order aims to enforce compliance and potentially advance the investigation into his alleged involvement in smuggling activities. The order's significance lies in its attempt to overcome the challenges posed by the subject's evasion and to uphold the objectives of COFEPOSA.

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