ABDUL NASAR ADAM ISMAIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Leave granted.

(2.) In this appeal, by special leave, the appellant has challenged judgment and order dated 23/01/2013 passed by the Division Bench of the Bombay High Court dismissing the writ petition filed by him challenging order of detention dated 16/4/2012 issued by the detaining authority i.e. the Principal Secretary (Appeals and Security), Government of Maharashtra, Home Department under the provisions of Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short, "the said Act"). The order of detention directed his detention with a view to preventing him in future from smuggling goods.

(3.) From the grounds of detention, it appears to be the case of detaining authority that on 12/8/2011, the appellant Abdul Nasar Adam Ismail ("detenu" for convenience) arrived from Dubai by Air India flight No.AI- 984. He was carrying one trolley hand bag. After he was cleared through green channel, he was stopped by the Assistant Commissioner of Customs on duty. When his personal search was conducted, it was noticed that he had concealed two packets in his undergarments near his groin area and two packets under the knee caps worn on calves. On removal of his pants, four plastic packets wrapped with cello tape, which were kept inside his cycling shorts and knee caps worn by him on his calves were recovered. Detailed examination of these four packets resulted in recovery of 3086 gms. of 22 kt. and 1004 gms. of 18 kt. gold chains. The total seized gold was valued at Rs.95,35,932/-. The detenu's statements under Section 108 of the Customs Act, 1962 were recorded. On perusal of the proposal and accompanying documents sent by the sponsoring authority, the detaining authority passed the aforementioned detention order.