E P RAJAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Writ Petition No. 31/93 pertains to the detention of one Venu, Writ Petition No. 32/93 pertains to the detention of Govindan Kutty, Writ Petition No. 37/93 pertains to K. K. Dinesh and Writ Petition No. 55/93 pertains to the detenu Ramesh Dhandiram Patil. For the sake of convenience the main facts are stated with reference to Writ Petition No. 32/93. An order of detention was made on 12-10-1992 under S. 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 ('the COFEPOSA Act' for short). The detenu Govindan Kutty was ordered to be detained under S. 3(1)(iv) of the COFEPOSA Act since the Government of Karnataka was satisfied that the detenu was likely to engage in the activity referred earlier, i.e. to say that the detenu was dealing in smuggled goods otherwise than by engaging in transporting or concealing or keeping smuggled goods. In the case of others the allegation is that the detenus were engaged in transporting, concealing and keeping smuggled goods. The respective orders of detention, invoked under S. 3(1)(iii) of the COFEPOSA Act.

(2.) On 11-6-92 Venu and Dinesh travelled together and got down at Kalasipalyam Bus Stand, Bangalore. They were apprehended by the officers of the Customs Department. Eight gold biscuits with foreign markings were seized from Venu and ten similar gold biscuits were seized from Dinesh. Both of them stated that they came from Calicut and they were being received by their friend Ramesh (detenu in W. P. 55/93). Out of the eight gold biscuits recovered from Venu, four had the marking "CREDIT SUISSE-999.0 10 TOLAS-ESSAYER FOUNDEUR" (hereinafter referred as 'CREDIT SUISSE') and the S other four has the markings "UBS - G UNION BANK OF SWITZERLAND 10 TOLAS-MELTER ASSAYER-999.0" (hereinafter referred as 'UBS-UNION BANK OF SWITZERLAND'). Nothing was found in the person of Ramesh. A mahazar was carried out, gold biscuits were seized, statements were recorded and follow-up action was also continued. According to Ramesh, Govindan Kutty called him on 9-6-92 and asked him to take some foreign marked gold biscuits to Bangalore and said that one Vijayan also would accompany him to Bangalore to sell the same. Accordingly five foreign marked gold biscuits were handed over to Ramesh and a similar packet containing five foreign marked gold biscuits were given to Vijayan. Ramesh and Vijayan had come to Bangalore on 10-6-92, and the gold biscuits were sold on the said date. The sale proceeds were handed over to Vijayan; however, Ramesh continued to stay at Bangalore to receive Venu and Dinesh. It is unnecessary to refer to other aspects of his statement.

(3.) Statement of Dinesh as summarised in the grounds of detention states that Dinesh admitted the seizure of gold biscuits from his possession and that Govindan Kutty called him on 10-6-92 and gave him 10 foreignmarked gold biscuits along with a ticket to travel to Bangalore along with Ramesh. According to Dinesh eight foreign marked gold biscuits were also given to Venu who was an employee of Govindan Kutty. A piece of paper seized from Dinesh referred to some gold transactions he had made on earlier three occassions and summary of the statement states that Dinesh had carried five gold biscuits to Thrissur and on another occasion he had carried ten gold biscuits and on the third occasion that is on 22-5-92, he had brought five foreign marked gold biscuits to Bangalore. We are omitting other details summarised with reference to these statements. Venu also in his statement admitted the carrying of the gold biscuits; however, no where in the statement of Venu there is any reference to any prior carrying of gold biscuits by him or that he dealt with any foreign marked gold biscuits earlier. In the statement of Govindan Kutty he stated that, after 1-9-92 budget of Government of India, people used to approach him offering foreign marked gold biscuits for sale and that he was selling the said biscuits at a commission of Rs. 300/- per gold biscuit and some times people used to give duty paid papers and some people were not giving any such paper. He admitted having sent 18 foreign marked gold biscuits through Dinesh and Venu, out of which 15 were bought by him from one Ashraf and that he had on earlier occasions also purchased gold biscuits from Ashraf and that Ashraf had told him that he was having duty paid receipt. In the statement of Ashrif, recorded on the same day, he stated that his friend Basheer had given him 28 gold biscuits of foreign origin all of which were having marking "CREDIT SUISSE". Basheer had told Ashrif that duty had been paid on these gold biscuits and Ashraf thought of selling them through Govindan Kutty. Accordingly on 1-6-92 he sold five gold biscuits to Govindan Kutty and another eight gold biscuits were again sold to Govindan Kutty on 9-6-92 and thereafter on 10-6-92, 15 gold biscuits were given through Dinesh who was an employee of Govindan Kutty. Ashraf produced the baggage receipt dated 20-5-92 in support of the statement that the gold biscuits had suffered duty; however there was some correction made by him about his earlier statement and stated that Basheer had come to India through Trivandrum airport and not through Bombay as stated in the earlier statement.