A K MOHAMMED RAFEEK Vs. ADHIP CHAUDURI ADDL CHIEF SECRETARY AND PRINCIPAL SECRETARY TO GOVERNMENT OF KARNATAKA

JUDGEMENT

(1.) PETITIONER Mohammed Rafeek is seeking for a writ of habeas corpus or any other writ or order calling for the records for the records connected with the order bearing No. HTD/08/2003 dated 21. 8. 2003, issued by the first respondent as specially empowered officer under the provisions of the COFEPOSA and to quash the said order, and set the detenu at liberty in the case on hand.

(2.) PETITIONER states the his brother, detenu in this case, has studied upto X standard in a Government School in Tamil Nadu. He hardly knows Kannada or English. It is stated in the grounds of detention that the detenu had arrived from Singapore as passenger and landed at Bangalore International Airport on 13. 6. 2003. Detenu was carrying only one bag and he had left the said bag in 3rd cubicle in the toilet area of the International Airport and went out of the airport.

(3.) SENIOR Intelligence Officers along with Mahazar witnesses kept a watch on the front exist gate of Arrival Hall of Bangalore International Airport on the reasonable belief that the contraband goods liable to confiscation under the Customs Act, 1962, would be smuggled into India. A person wearing striped shirt and gray pant and slippers with slight gray hair and medium built pushing a trolley on which brown coloured cardboard carton bearing marking "samsung Samtron" was kept. The person was intercepted and revealed his name as Y. Raju employed as a contingent worker in the Customs Department. He was carrying two bags one to be handed over to K. Abdul Khader and the other blue bag to one Shafi who would be waiting with Deepak Ganeyan a Departmental Officer and the bags were got because of his understanding with Deepak Ganeyan for which he was paid some consideration. Abdul Khadeer was intercepted. On enquiry he identified the bag to be received by him. According to him, the bag contained 100 numbers of mobile phones and it was carried by the Detenu. Same was valued at Rs. 6,50,000/- by the officers of the DRI. The officers of the DRI came to the lodge where the detenue was staying. He was taken to the office of the DRI. He admitted in his statement that a person with black and white hair who smiled at him helped him in the clandestine removal of the bags containing the cell phones. In the said statement the detenu has stated that he studied upon plus I at Adhi Dravidar Higher Secondary School, Kattur, Trichy and that one Seeni Mohammed of Singapore was indulging in carrying go goods to local dealers and that he had traveled to Singapore about forty times and that the said Seeni Mohammed of Singapore was indulging in carrying of goods to local dealers and that he had traveled to Singapore about forty times and that the said Seeni made all the travel arrangements. On arrival from Singapore, the detenu on seeing the person with black and grey hair went to the toilet and left the bag in the third cubicle of the toilet area of the airport. The said person had facilitated him the previous month. On the previous trip on 13. 5. 2006 the person identified the said Y. Raju by his gray hairs. Second statement of the detenu was recorded on 14. 06. 2003. He could not identify the person produced before him. One Abdul Khader in his statement has identified the said person as Deepak Ganeyan, the Customs Officer. Abdul Khader, Y. Raju and Deepak Ganeyan and the detenue were arrested under arrest memos under section 104 of the Customs Act and produced before the Special Court for Economic Offences. Bail applications were filed on their behalf. They were remanded to judicial custody. They were released on bail 16. 6. 2003. On 16. 3. 2003 house of the detenu was searched. Thereafter, on 19. 6. 2003 a letter was sent to M/s. BSNL to furnish call details of Deepak Ganeyan, Y. Raju, Abdul Khader and Shafi. Deepak Ganeyan had requested B. M. Veeresh on 20. 6. 2003 to obtain a sim card in his name for use by Deepak. On 24. 6. 2003 call details furnished revealed that the call contacts were made between the said Deepak Ganeyan and others. On 21. 8. 2003 orders of detention was passed by the first respondent authorizing detention of the detenu. It is stated in the ground of detention that the detenue had traveled 38 times to Singapore. It is also stated that the detenu is likely to continue to engage in smuggling activities in future, and that therefore, it was necessary to detain him with a view to prevent him in future smuggling of goods.