Whereas the Joint Secretary to the Government of India, specially empowered under sub section

## Policy Analysis Report: Order Regarding Shri Gurmeet Singh Kohli under COFEPOSA Act, 1974 **1. Executive Summary:** This report analyzes an order issued by the Ministry of Finance, Department of Revenue, Central Economic Intelligence Bureau (COFEPOSA Wing) regarding Shri Gurmeet Singh Kohli under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA). This order addresses a situation where a detention order previously issued against Shri Kohli could not be executed because he has absconded or is concealing himself. The key change introduced by this order is a directive for Shri Kohli to appear before the Commissioner of Police, Mumbai, within 7 days of its publication. This report aims to inform stakeholders about the implications of this order and its potential impact. **2. Introduction:** This report provides an analysis of a specific order related to the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) concerning Shri Gurmeet Singh Kohli. The analysis is based solely on the text of the official government gazette notification provided. **3. Policy Overview:** * **Amendment:** This order functions as an amendment to a prior action taken under the COFEPOSA Act, 1974. The original action was the issuance of Order No. PD12001112021COFEPOSA dated 23.02.2021. * **Core Objective(s):** The primary objective, inferred from the provided text and the Act it references, is to prevent Shri Gurmeet Singh Kohli from engaging in smuggling activities, including smuggling goods, abetting smuggling, and dealing in smuggled goods. **4. Background and Rationale:** * **Amendment Rationale:** The text indicates that the initial detention order against Shri Gurmeet Singh Kohli (PD12001112021COFEPOSA dated 23.02.2021) could not be executed. The rationale for this amendment is Shri Kohli's alleged absconding or concealment, which prevents the enforcement of the original detention order. This amendment seeks to address this by implementing an alternative measure to compel his appearance. **5. Key Provisions / Changes:** * **Amendment Focus:** This order amends the situation arising from the prior detention order that could not be executed. * **New Rule/Provision:** The central provision of this order is a directive compelling Shri Gurmeet Singh Kohli to appear before the Commissioner of Police, Mumbai, Government of Maharashtra, within 7 days of the order's publication in the Official Gazette. * **Difference/Effect of Change:** The initial strategy of detention has been replaced with a requirement for the individual to present himself to law enforcement. This shifts the enforcement action from attempting to locate and detain the individual to requiring his self-presentation. Failure to comply with this directive likely carries further legal consequences, although these are not detailed in the provided text. **6. Target Audience and Stakeholders:** The primary target audience is Shri Gurmeet Singh Kohli, who is directly obligated to comply with the order. Secondary stakeholders include: * The Commissioner of Police, Mumbai, who is responsible for receiving Shri Kohli's appearance. * The Central Government, specifically the Ministry of Finance and the Central Economic Intelligence Bureau (COFEPOSA Wing), who are responsible for issuing and overseeing the enforcement of the order. * The Government of Maharashtra, due to the involvement of the Mumbai Police. * Bangalore Central Jail, Parappana Agrahara, Bangalore, Karnataka, where Shri Kohli was originally intended to be detained. **7. Implementation Aspects (Inferred):** * **Responsible Agency/Bodies:** The Central Economic Intelligence Bureau (COFEPOSA Wing) under the Ministry of Finance issued the order. The Commissioner of Police, Mumbai, is responsible for receiving Shri Kohli. * **Timelines:** Shri Kohli has 7 days from the date of publication of the order in the Official Gazette to appear before the Commissioner of Police, Mumbai. * **Amendment-Specific Implementation:** The implementation of this amendment requires the Commissioner of Police, Mumbai to be prepared to receive Shri Kohli and potentially initiate further action if he fails to appear within the stipulated timeframe. **8. Expected Outcomes / Impact of Changes:** The intended outcome of this order is to compel Shri Gurmeet Singh Kohli to present himself to law enforcement authorities in Mumbai. The potential impact of this change includes: * Facilitating further investigation or legal proceedings related to the alleged smuggling activities. * Potentially leading to the execution of the original detention order or other legal actions. * Sending a message that evading law enforcement will result in alternative measures being pursued. **9. Conclusion:** The order issued by the Ministry of Finance regarding Shri Gurmeet Singh Kohli represents a modification in the enforcement strategy under COFEPOSA due to the initial detention order's inability to be executed. The key change is the directive for Shri Kohli to appear before the Commissioner of Police, Mumbai, within 7 days of publication. This demonstrates the government's commitment to preventing smuggling activities and pursuing individuals suspected of involvement, even when initial enforcement efforts are thwarted.

Key Entities Referenced