RAJESH VASHDEV ADNANI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Leave granted. This appeal is directed against the judgment dated 18/3/2005 of the high Court of Judicature at Bombay in Writ Petition No. 2482 of 2004 wherein the prayer of the appellant for quashing the order of detention dated 3/11/2004 purporting to be under Sections 3 (1) (i) and (iii) of the conservation of Foreign Exchange and Prevention of Smuggling Activities act, 1974 (hereinafter called as COFEPOSA) was dismissed.

(2.) The appellant herein questions the order of detention dated 3/11/2004 issued by Respondent 2 whereby the father of appellant has been detained in terms of the COFEPOSA.

(3.) The fact of the matter is as under: on 20/8/2004 the detenu was intercepted by the officers of DRI after he had passed through the customs area to board the flight to Singapore. Foreign currency of USD 81000. 00, Euro 7600. 00 was seized from him along with 366. 00 Singapore dollars which in terms of Indian currency would come to rs 40,08,244.50p. The aforementioned amount was seized in terms of the provisions of the Customs Act, 1962. The detenu's statement under Section 108 of the Customs Act was recorded wherein he claimed that the seized currency was brought by him from Singapore after necessary declaration and the same was being carried to Singapore.