## Policy Analysis Report: Order Regarding Shri Amanpuneet Singh Kohli 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) on May 12, 2021, concerning Shri Amanpuneet Singh Kohli. This order, issued under Section 7 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA), directs Shri Kohli to appear before the Commissioner of Police, Mumbai, within seven days of the order's publication. The order is issued because the Central Government believes Shri Kohli has absconded or is concealing himself to avoid a prior detention order related to smuggling activities.
**2. Introduction:**
This report aims to provide a comprehensive analysis of the government order No. PD12001122021COFEPOSA, dated May 12, 2021, concerning Shri Amanpuneet Singh Kohli, based solely on the information provided in the official gazette publication. The report outlines the order's purpose, background, key provisions, and potential impact.
**3. Policy Overview:**
This is an *amendment* relating to an existing policy action. The *original* policy action is an order issued on 23.02.2021, under subsection 1 of Section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) to detain Shri Amanpuneet Singh Kohli to prevent him from engaging in smuggling activities.
* **Core Objective(s) as stated or inferred from the provided text:** The core objective of the original policy, as evident from the provided text, is to prevent Shri Amanpuneet Singh Kohli from smuggling goods, abetting the smuggling of goods, and dealing in smuggled goods. The *amendment's* objective is to enforce the original detention order by compelling Shri Kohli to appear before authorities, as he is believed to have absconded.
**4. Background and Rationale:**
This amendment addresses the issue of non-compliance with the original detention order. The text indicates that the Central Government believes Shri Kohli has absconded or is concealing himself to avoid being detained. Therefore, this amendment, under Section 7 of COFEPOSA, is designed to facilitate the execution of the original detention order by requiring Shri Kohli to present himself to the Commissioner of Police in Mumbai.
**5. Key Provisions / Changes:**
This document represents an *amendment* to enforcement of the original detention order.
* **What specific part of the original policy is being changed (if discernible from the text):** This amendment acts as a *supplement* to the original order to *enforce* it. It doesn't change the original order, but adds a provision to address the situation where the subject of the order is evading it.
* **What the *new* rule/provision *is*, based *only* on the amendment text:** The new provision introduced by this order is a directive for Shri Amanpuneet Singh Kohli to appear before the Commissioner of Police, Mumbai, within seven days of the publication of this order in the Official Gazette.
* **Explain the *difference* or the *effect* of this specific change:** The effect of this amendment is to create a legal obligation for Shri Kohli to present himself to the authorities. Failure to comply with this directive could result in further legal consequences under COFEPOSA. It provides a mechanism to attempt to enforce the original detention order, which was previously unenforceable due to Shri Kohli's presumed absconding.
**6. Target Audience and Stakeholders:**
The primary target audience is Shri Amanpuneet Singh Kohli. Other stakeholders directly affected include:
* The Commissioner of Police, Mumbai, who is responsible for receiving Shri Kohli.
* The Central Economic Intelligence Bureau (COFEPOSA Wing), which issued the order.
* The Government of Maharashtra, specifically the Mumbai Police.
* Bangalore Central Jail, Parappana Agrahara, Bangalore, Karnataka (where Shri Kohli was intended to be detained).
**7. Implementation Aspects (Inferred):**
* **Responsible agency/bodies mentioned:** The responsible agencies include the Central Economic Intelligence Bureau (COFEPOSA Wing), the Commissioner of Police, Mumbai, and potentially other law enforcement agencies involved in locating and apprehending Shri Kohli if he fails to comply.
* **Any timelines or procedures specified in the text?:** The text specifies a timeline of seven days from the publication of the order in the Official Gazette for Shri Kohli to appear before the Commissioner of Police, Mumbai. The procedures for Shri Kohli's appearance and subsequent actions are not detailed in the text, but would likely involve standard law enforcement protocols.
**8. Expected Outcomes / Impact of Changes:**
The likely intended outcome of this amendment is to compel Shri Amanpuneet Singh Kohli to surrender himself to the authorities. If he complies, the original detention order can be executed, and he can be detained in Bangalore Central Jail. If he fails to comply, it strengthens the government's case against him and may lead to further legal actions to locate and apprehend him. The impact of this amendment is to provide a mechanism to overcome Shri Kohli's evasion of the original detention order.
**9. Conclusion:**
The order No. PD12001122021COFEPOSA, dated May 12, 2021, is a crucial amendment in the enforcement of the original detention order against Shri Amanpuneet Singh Kohli under the COFEPOSA Act. It addresses the issue of his absconding by directing him to appear before the Commissioner of Police, Mumbai. This amendment is significant as it aims to uphold the law and prevent potential smuggling activities, highlighting the government's commitment to enforcing regulations related to foreign exchange and smuggling prevention.
Key Entities Referenced
NEW DELHI: Location of publication of the gazette notification.
MINISTRY OF FINANCE: The government ministry under which the order was issued.
Department of Revenue: Department under the Ministry of Finance.
CENTRAL ECONOMIC INTELLIGENCE BUREAU: The intelligence bureau under the Department of Revenue.
COFEPOSA WING: Wing of the Central Economic Intelligence Bureau.
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974: Act under which the order was issued.
Amanpuneet Singh Kohli: Individual named in the order to be detained.
Gurmeet Singh Kohli: Father of Amanpuneet Singh Kohli
Le Orchid Building: Building where Amanpuneet Singh Kohli resides.
Khar West Mumbai: Area in Mumbai where Amanpuneet Singh Kohli resides.
Mumbai: City in Maharashtra, India, where Amanpuneet Singh Kohli resides.
Bangalore Central Jail, Parappana Agrahara, Bangalore, Karnataka: Location where Amanpuneet Singh Kohli was to be detained.
Central Government: The governing body issuing the directive.
Commissioner of Police, Mumbai, Government of Maharashtra: Authority to whom Amanpuneet Singh Kohli is directed to appear.
Official Gazette: Publication in which the order is to be published.
Ravi Pratap Singh: Joint Secretary who issued the order.
Mayapuri, New Delhi: Location of the Government of India Press.
Delhi: Location of the Controller of Publications.
रजिस्ट्री स.ं डी.एल.- 33004/99 REGD. No. D. L.-33004/99
सी.जी.-डी.एल.-अ.-12052021-226981
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CG-DL-E-12052021-226981
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असाधारण
EXTRAORDINARY
भाग II—खण् ड 3—उप-खण्ड (ii)
PART II—Section 3—Sub-section (ii)
प्राजधकार स ेप्रकाजित
PUBLISHED BY AUTHORITY
स.ं 1723] नई दिल्ली, बधु िार, मई 12, 2021/ििै ाख 22, 1943
No. 1723] NEW DELHI, WEDNESDAY, MAY 12, 2021/VAISAKHA 22, 1943
जित्त मत्रं ालय
(रािस्ट्ि जिभाग)
(केन्द रीय आर्थिक आसूचना ब् यरू ो)
(कोफेपोसा स्ट्क ंध)
नई दिल् ली, 12 मई, 2021
आिेि
का.आ. 1850(अ).— िबदक, जििेिी मुरा संरक्षण और तस्ट् करी गजतजिजध जनिारण अजधजनयम, 1974(1974 का
52) की धारा 3 की उप धारा (1) के तहत जििेष रूप स े अजधकार प्राप् त संयुक् त सजचि, भारत सरकार द्वारा उक्त उप
धारा के तहत दिनांक 23.02.2021 के पीडी-12001/12/2021- कोफेपोसा के तहत िारी आिेि म ें यह जनिेि दिया गया
था दक श्री अमनपनु ीत ससंह कोहली, सुपुत्र श्री गुरमीत ससंह कोहली, जनिासी ली ऑर्चिड जबसल्डंग, 7िां तल, 15िीं रोड,
जिमखाना ग्राउंड के सामन,े खार पजिम मुंबई-52 को जहरासत म ें जलया िाए और बगं लौर केन्दरीय िेल, पराप्पना
अग्रहारा, बंगलौर, कनािटक, म ें रखा िाए तादक भजिष्य म ें उन्द ह ें माल की तस्ट् करी करन,े माल की तस्ट् करी को बढािा िेने और
तस्ट् करी के माल का पररिहन करने या छुपान े या रखने द्वारा तस्ट् करी के माल के अन्दयथा लेन-िने स ेरोका िा सके।
2. िबदक, केन्द र सरकार के पास यह जिश् िास करन े के कारण ह ैं दक पूिोक्त व् यक ज त भगोडा ह ै या अपने को
जछपाए हुए ह ैतादक आिेि का तामील न दकया िा सके।
3. अत:, अब उक्त अजधजनयम की धारा 7 की उप-धारा (1) के खंड (ख) द्वारा प्रित्त िजक्त यों का प्रयोग करत े
2610 GI/2021 (1)2 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ii)]
हुए, केन्द र सरकार एतिद्वारा पिू ोक्त व् यजक्त को जनिेि िते ी ह ै दक सरकारी रािपत्र म ें इस आिेि के प्रकािन की तारीख स े
7 दिन के अंिर िह पुजलस आयक्तु , मुंबई, महाराष्ट्र सरकार के सामने उपजस्ट्थत हो।
[स.ं पीडी-12001/11/2021 - कोफेपोसा]
रजि प्रताप ससंह, संयुक् त सजचि
MINISTRY OF FINANCE
(Department of Revenue)
(CENTRAL ECONOMIC INTELLIGENCE BUREAU)
(COFEPOSA WING)
New Delhi, the 12th May, 2021.
ORDER
S.O. 1850(E).—Whereas the Joint Secretary to the Government of India, specially empowered
under sub-section (1) of Section 3 of the Conservation of Foreign Exchange and Prevention of
Smuggling Activities Act, 1974 (52 of 1974) issued Order No. PD-12001/12/2021-COFEPOSA dated
23.02.2021 under the said sub-section directing that Shri Amanpuneet Singh Kohli, S/o Shri Gurmeet
Singh Kohli, R/o Le Orchid Building, 7th Floor, 15th Road, Opp. Gymkhana Ground, Khar West
Mumbai-52 be detained and kept in Bangalore Central Jail, Parappana Agrahara, Bangalore, Karnataka
with a view to preventing him from smuggling goods, abetting the smuggling of goods and dealing in
smuggled goods otherwise than by engaging in transporting or concealing or keeping smuggled goods in
future.
2. Whereas the Central Government has reasons to believe that the aforesaid person has
absconded or has been concealing himself so that the Order cannot be executed.
3. Now, therefore, in exercise of the powers conferred by clause (b) of sub-section (1) of
Section 7 of the said Act, the Central Government hereby directs the aforesaid person to appear before
the Commissioner of Police, Mumbai, Government of Maharashtra within 7 days of the publication of
this Order in the Official Gazette.
[No. PD-12001/12/2021-COFEPOSA]
RAVI PRATAP SINGH, Jt. Secy.
Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064
and Published by the Controller of Publications, Delhi-110054.