The Gujarat High Court on Monday granted an interim stay for a period of one month on a January 2024 detention order issued against a Bharuch man in a 2023 case of smuggling of 42kg gold via an Air India Express flight from Sharjah to Surat.The HC, while hearing a petition by Mahmed Rizvanbhai Limbada alias Maulana, challenging the detention order in presence of an anticipatory bail order issued by the Surat Sessions Court, directed him to appear before the Investigating Officer of the case within the period of the stay, failing which “no further extension of time will be entertained”.Division Bench of Justice Illesh Vora and Justice P M Raval were hearing Limbada’s petition against the detention order issued by the joint secretary of the Government of India on January 17, 2024, under the powers conferred by the Conversion of Foreign Exchange and Prevention of Smuggling Activities Act (COFEPOSA), 1974. The notice, the petitioner contended, was issued through WhatsApp to his wife’s phone number.The petition contended that in a June 12 order granting conditional anticipatory bail, the Surat Sessions Court directed Limbada to remain present before the investigating officer for interrogation on June 19. Limbada’s counsel submitted in court that the criminal prosecution and the preventive detention order are on the same allegation of organised smuggling activities and the conditions put forth by the Surat Sessions court while granting anticipatory bail were “sufficient to prevent (Limbada) from engaging in further (offence) activities…”In an oral order on Monday, the HC stated, “We take notice that after withdrawal of the earlier application, the Sessions Court, Surat, has granted anticipatory bail to the applicant. We are of the prima facie view that on the same allegations, the criminal prosecution and the preventative detention are being initiated against the applicant. The applicant has been directed by the Sessions Court to remain present before the Investigating officer for interrogation, but due to passing of the detention order, he could not come to India for marking his presence.”The court said, “In such circumstances, we are of the view that, if the detention order has not been stayed, then the order of anticipatory bail would remain on paper. Thus, without entering merits of the case, and keeping all the contentions open to be raised, at the time of final hearing, the implementation and execution of the detention order dated 17.01.2024 has been stayed for a period of one month and during the said period, the applicant shall mark his presence before the Investigating officer, as directed by the Sessions Court and cooperate with the respondent authorities.”The order further stated that should the petitioner fail to mark his presence as directed, no further extension of time will be entertained.The case pertains to July 8, 2023, when, acting on an intelligence input, the Surat and Ahmedabad Unit of DRI (Directorate of Revenue Intelligence) had nabbed four passengers travelling in Air India Express flight from Sharjah to Surat. The officials had recovered gold paste weighing 42 kilograms, worth around Rs 25 crore, from the belts they had put on their bodies.Story continues below this adDuring the investigation, the officers had found that a well-organised syndicate is actively involved in smuggling gold from Sharjah to India. The DRI officials had issued a show-cause notice to 12 people allegedly involved in an international gold smuggling cartel. The officials found that Limbada is one of the alleged financiers and the primary beneficiary of this racket.The officials had filed a criminal complaint against Limbada with the Surat district court in 2023.On January 17, 2024, the court passed an order of detention of Limbada, under section 3(1) of COFEPOSA. However, since Limbada was in Dubai, the officials had issued the notice to his wife on WhatsApp.Meanwhile, Limbada applied for an anticipatory bail before the Surat district and sessions court. On June 12, the judge had passed an order granting the anticipatory bail with conditions that Limbada has to remain present before the investigating officer before June 19.Story continues below this adDespite this order, an executive order of criminal prosecution and preventive detention was issued against Limbada on January 17, 2024. The detention order stated that once Limbada lands in India, he should be arrested by the officials or police.Limbada then filed a petition in the HC against the detention application. On the defence side, Gujarat High Court advocate Deven Parikh and Isha Hakim remained present.Talking to The Indian Express, Limbada’s advocate Parikh said, “On one side, the Surat Sessions court had passed an order of granting bail and on the other, the detention order had been executed. The anticipatory bail order of the Surat Sessions court is to be respected by all parties… We have put before the Gujarat HC that when an anticipatory bail is passed, why is the detention of the applicant being done? How can the executive order of detention be bigger than the judicial order?”