H S MOHANMBA Vs. VATSALA WATSA

JUDGEMENT

(1.) THIS petition is filed by one Smt. H. S. Mohanamba, w/o Yellaiah, challenging the detention order dated 14 - 7 - 2006 issued by the first respondent in terms of the provisions of COFEPOSA. The petitioner also seeks a direction to the 4th respondent to set at liberty the COFEPOSA detenue R. Yellaiah.

(2.) THE facts narrated in the Writ Petition are as under: the detenue has put in more than 31 years of blemishless service in the Department of Customs. He was posted to the Postal appraising Department of the Foreign Post Office, Bangalore. He took charge from the predecessor Sri E. Lakshmanan. He explained the procedures and practices followed in the Foreign Post Office PAD wing. The detenue followed the same. Based on such information, officers of the DRI Maintained surveillance at Frazer Town Post Office. On 28 - 12 - 2005, at about 9. 30 A. M. a Tata Indica Car comes alongwith driver and occupant. The occupant goes into the post office and later he comes out of the post office. At 9. 50 A. M. the car is intercepted. Four parcels in the possession of Riyazudeen are seized. The parcels were addressed to M/s. Acuta Spectra Inc. The said riyazudeen informed the DRI officers that he had come to collect the four parcels on behalf of one Abdul Khader who is living in the ground floor of his house. The car was arranged by Sri Abdul Khader. Riyazudeen stated that the said Abdul Khader had asked him to contact one Ganesh of Frazer Town post office to take delivery of the parcels. The four parcels with the declaration/covering note on top "computer parts - Chapter 87 Duty Exempted" were opened and were found to contain RAM's. The said RAM's were seized under a Mahazar. The residences of M/s. Acuta Spectra and Riyazudeen were searched and certain documents relevant to the investigation were recovered. The statement of Riyazudeen was recorded on 28 - 12 - 2005. Thereafter in terms of the statement, the residence of one Sri Ammasi was also searched. Thereafter, the statement of Sri Putaramu the driver of the car was recorded.

(3.) ON 29 - 12 - 2005, a letter was addressed to the Joint commissioner of Customs adopted for clearance of parcels at PAD. Subsequently the statement of Sri Ammasi was recorded. He was arrested and released on bail. The Senior Superintendent of Post office forwarded the Extract of the elimination register containing the entries of the speed post parcels. There was correspondence between one authority and another authority. The petitioner has provided the various details with regard to the said transaction of the said date. Ultimately, the matter reached the Commissioner of customs. Thereafter, the statement of detenue was recorded. Subsequently, summons were received from Sri Abdul Khader and he failed to appear for the same. DRI, Bangalore requested the Manager, Speed post Center to hand over the acknowledgment of Speed Post parcels. Various further details are provided in the petition with regard to the transaction in the matter of RAM's. Ultimately, the detenue was placed under suspension on 18 - 3 - 2006 on certain omission and commission on his part. Preliminary investigation was ordered. Sri Ammasi filed a Writ Petition in this Court seeking for release of goods. Son of sri Ammasi thereafter informs the death of Ammasi on 2 - 6 - 2006 and stated that the seized goods do not belong to them and have no objection to dispose or sell the seized goods. Subsequently he was kept under detention in terms of Annexure 'a'. Grounds of detention was made available in terms of Annexure 'b'. The petitioner with these facts is before this Court by raising various questions in support of his prayers.