MOHAMMED KUNHI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner who is a detenu, detained by an order of the State Government under Section 3(1)(iii) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 ('COFEPOSA Act' for short), has filed this petition challenging the said order.

(2.) On 22-5-1990, the petitioner who was travelling in a KSRTC Bus, was checked at Belgaum by the officers of Central Excise Department and five primary gold biscuits valued at Rs. 2,02,100/- were seized, which were found hidden by being tied to his left leg. The Panchas, stated to be experienced in gold trade, opined the gold biscuits were of foreign origin; the said biscuits also had markings of foreign origin. Petitioner was not able to explain the licit nature of his acquiring those gold pellets. Petitioner's statement was recorded on the same day. Petitioner stated that he knew Hindi and Malayalam languages and had studied up to S.S.L.C. (but failed in the examination). He stated that one Prakash asked him to carry the gold from Bombay, for a commission of Rs. 500/- per pellet; he also stated that he had brought totalling five gold pellets on two earlier occasions and handed over the gold at Udupi, to the said Prakash; the present gold pellets were also purchased on behalf of Prakash, who had paid him Rs. 2 lakhs to purchase the gold and that he had to deliver them at Udupi to Prakash on 23-5-1990 at 8.00 a.m.

(3.) It is unnecessary to refer to other parts of the statement and the follow up action taken by the authorities. Though the order of detention was made on 30-7-1990, it was served only on 5-12-1990.