New Delhi, Apr 16 (PTI) In a major setback to Kannada film actor Harshavardhini Ranya Rao, the Supreme Court on Thursday upheld the preventive detention order passed by the Central Economic Intelligence Bureau (CEIB) against her for allegedly smuggling gold into the country.
A bench of Justices M M Sundresh and N Kotiswar Singh dismissed the appeals filed by Rao’s mother and another accused Sahil Sarkariya Jain’s cousin against the December 19, 2025 order of the Karnataka High Court which upheld the detention orders of both the detenus.
The bench said, “We find that substantial compliance has been made on behalf of the respondent — authorities to establish that the detention order has not been issued in contravention of the constitutional mandate under Article 22(3)(b) of the Constitution.” Both the detenues, Harshvardhini Ranya Rao and Sahil Sarkariya Jain, who were detained on April 22, 2025 and April 23, 2025 under provisions of provisions of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (COFEPOSA) respectively for facilitating the disposal of consignments of foreign-marked gold bars on four different occasions between November 14, 2024 and February 14, 2025 have challenged their detention orders mostly on technical and procedural grounds.
On the claim of not being granted legal assistance, the bench said the import of Article 22(3)(b) of the Constitution can be seen on a reading of Section 8(e) of the COFEPOSA Act and a detenu cannot seek legal assistance as a matter of right.
It said any interpretation of the provision to the contrary would render Section 8(e) of the COFEPOSA Act otiose and redundant, especially when it draws its source from the mandate provided under Article 22(3)(b) of the Constitution.
It added that in other words, when an officer merely places the records and assists the advisory board on behalf of the detaining authority, a detenu cannot seek legal assistance in a routine manner.
On the contentions made on behalf of the accused with respect to the non-supply of the pen drive by the authorities, the bench said the court finds that substantial compliance has been made by the officials of the customs authorities.
“Not only were the contents of the pen drive displayed to the detenus on a laptop in the prison, but endeavours were also made to supply the pen drive to the concerned representatives of the detenus. When the prison rules, as such, do not facilitate a detenu/prisoner to have access to electronic gadgets, it cannot be said that the same should be made available to the detenus, more so, when no such requests were renewed by the detenus.
“Thus, we hold that the contention of non-supply of the pen drive would amount to non-furnishing of the relied upon documents is nothing but an afterthought,” it said.
The top court said the satisfaction of the detaining authority is a subjective one and having perused the grounds of detention, the court finds that adequate reasons have been recorded therein.
“The materials are also to the effect that there were prior occurrences of disposal of foreign marked-gold bars in India, and a live and proximate-link qua the present incident also stands established insofar as the detenu Sahil Sarkariya Jain is concerned. Further, all the documents relied upon have been duly furnished to the detenus,” it said, while dismissing the petitions filed by the family members of Rao and Jain.
It said the Karnataka High Court has considered the contention of non-supply of the relied upon documents in the right perspective and correctly found that due service of the same has been made.
Rao was detained by the Directorate of Revenue Intelligence (DRI) on March 3, 2025, at the Kempegowda International Airport in Bengaluru.
Specific intelligence was received by the DRI, Bengaluru Zonal Unit that one female passenger bearing an Indian passport was suspected of carrying gold, either in the form of gold bars or in the form of a paste, would be travelling from Dubai, United Arab Emirates to Bengaluru, India.
Subsequently, an interception of Harshavardhini Ranya Rao was made on March 3, 2025, near the Green Channel of the International Customs Arrival Hall, Terminal 2 of the Kempegowda Airport.
The agency made the recovery of a huge quantity of gold amounting to 17 foreign-marked gold bars, weighing approximately 14.2 kilograms.
According to the DRI, she allegedly attempted to bypass customs checks by concealing the gold in a belt and jacket. Investigators have also claimed that Rao misused a VVIP airport exit to avoid scrutiny.
On the next day, i.e., on March 4, 2025, Rao was arrested, followed by the recording of her statement under Section 108 of the Customs Act, 1962 on March 10, 2025, along with that of her associate Tarun Konduru Raju on March 12, 2025.
Based on the statements given, Jain was also arrested on April 7, 2025.
The case attracted widespread attention following reports of Rao’s frequent trips to Dubai and the alleged exploitation of privileged airport access.
Rao, known for her role opposite Kannada superstar Sudeep in “Maanikya” (2014), has also appeared in a few other South Indian films. PTI MNL MNL KSS KSS
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