P K M ABOOBACKER Vs. UNION OF INDIA

JUDGEMENT

(1.) this writ petition by the father of the detenue, detained under Section 3(1) of the conservation of foreign exchange and prevention of smuggting activities act (cofeposa, for short), was referred to a special bench, since, a doubt was raised about the correctness of the principle of law stated in a bench decision of this court in kantilal jain v union of india, (w p. Hc 79 of 1979), in the said decision it was held that a detenu had no right to have legal consultation before he makes any respresentation against this detention under cofeposa.

(2.) on 24-4-1s89, the detenu was driving a car from mandya to Bangalore on the way. The car was intercepied by the officers of the directorate of revenue intelligence, who had credible information that contraband gold waa being carried in the said car. On a search, in all 64 gold biscuits of foreign origin (9.79 kgs.) Valued at Rs. 31,24,sou/- were recovered, and were seized. Detenu's statement was tecorded. According to him, inter alia, the gold pellets were given to him by a malayali at mandya, whose name he did not know; detenu was to sell them for commission and [hat one bhagavati of Bangalore had agreed to purchase them. It is unnecessary to narrate other facts, except to note that detenu had not furnished the address of bhagavathilal; he gave the name of the person, as 'bhagavathi',

(3.) the detention order was passedon 17-5-1989 and the detenu was detained on 19-5-1989.