LATHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner is the wife of detenu, Devaraj Shet. His detention under Section 3(1)(iii) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short 'the COFE POSA' Act) is challenged in this writ petition.

(2.) The relevant facts in -nutshell are that on 19-5-1987 Devaraj Shet was detained at the KSRTC bus stand at Mangalore and on search gold were found in his possession. Thereafter he was taken to the customs office for further investigation. It was opined that 11 yellow metal pieces in biscuit shape, the yellow metal chain and the yellow metal buckle were gold of foreign origin, totally weighing 1515.850 gms. and valued at Rs. 4,35,953/-. Detenu's statement under Section 108 of the Customs Act (shortly called 'the Act') was recorded. Thereafter, on his arrest he was produced before the Judicial Magistrate. Subsequently he was released on bail. Two mahazars - one at the bus stand and another at the Customs office were prepared which reflect the search and seizure of the gold, as also the opinion of the goldsmiths, etc., Purporting to base on the several materials placed before the detaining authority (which are elaborately stated in the grounds for the detention, furnished to the detenu), the detaining authority made the detention order on 9-9-1987, and the detenu was detained since 18-9-1987 in the Central Prison, Bangalore.

(3.) The averments in the writ petition are traversed by the detaining authority through the counter-affidavit of the Home Secretary, Government of Karnataka.