G NOOR MOHAMMED Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) G. Noor Mohammed is before us seeking a writ to quash Annexure 'a' thereby declaring the detention in terms of Annexure 'a' dated 3/12/2003 as illegal and ab initio void.

(2.) THE petitioner is the father of the. detenu Sri Zull Mohamed. On or about 3/12/2003, an order of Detention dated 3/12/2003 was issued by Sri Adhip Chaudary, secretary to the Home Department. It was stated that Sri Adhip Chaudary is specially empowered under S. 3 (1) of the COFEPOSA act. He was satisfied with respect to the detenu that with a view to prevent him in abetting the smuggling of goods, it is necessary to make the order of detention. He therefore, in exercise of the powers conferred by Sec. 3 (1) (ii) of the COFEPOSA Act directed that the detenu be detained and kept in custody in the Central Prison, Bangalore. Detenue does not know English. He was furnished with Tamil version of Order of detention. Detention order was served on 22/6/2005. Grounds of detention was also made available to the detenu. Tamil version was also made available to him. He was served with a list of documents and copies of the documents set out in the said list which were relied upon by the detaining authority for issuing the impugned order of detention. Aggrieved by the detention and the grounds, the petitioner is before us.

(3.) NOTICE was issued. State is represented. State has filed a very detailed counter affidavit. It is stated by the State that the order of detention was passed under s. 3 (1) (ii) of COFEPOSA Act. After going through all the materials submitted by the sponsoring Authority namely, Directorate of revenue Intelligence, Bangalore (DRI), the second respondent was satisfied that the detenu did indulge in such activities abetting smuggling and has a high propensity to indulge in such activities in future which warranted an order of prevention of detention. Based on credible intelligence that a passenger would be carrying smuggled computer processors on the Indian Airlines flight IC 771 from Kolkata to Bangalore on 18-9-2005 surveillance was kept by the officers of Directorate of Revenue Intelligence, bangalore (DRI) at the Domestic Arrival Hall of Bangalore Airport on 18-9-2003. The intelligence was that the said passenger's seat number was 21d and his description was that he was a Tamilian, aged about 30 years, brown complexioned, black hair combed backwards, having moustache, medium built, wearing an off-white colour shirt and grey trousers and would be carrying a 'visa club' brand blue trolley bag with him. The intelligence officers intercepted him and verified. Verification shows that name of the passenger as Zull Mohamed from Trichy. He admitted that he was carrying smuggled computer microprocessors. Cross examination was conducted. It reveals that he was carrying 288 numbers of microprocessors valued at Rs. 19,00,800/ -. He has no valid documents. He informed that six packets were concealed in the rear side left toilet of the aircraft and that he retrieved it from there and put into the black hand bag which he had carried for that purpose and that he was travelling from Chennai to Kolkata and kolkata to Bangalore in the same aircraft on 18-9-2003. He produced the ticket. He stated that the ticket for travelling from chennai to Kolkata was destroyed. During the course of flight, he was asked to recover the concealed Microprocessors from the aircraft toilet and bring them to Chennai. Statement was recorded under S. 108 of the Customs Act. He admitted that the process was collected by him. He has done this on the instructions of one Raju of Chennai. Sri Raju had to pay him Rs. 10,000 for this job. He was doing this kind of retrieval of smuggled goods for Sri. Raju for the past two to three years. He did not have any permanent job.