P. MOIDEEN KUTTY Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner Shri P. Moideen Kutty, has filed this writ petition under Article 226 of the Constitution of India, read with Section 482 of the Code of Criminal Procedure for issuing a writ of habeas corpus or any other writ, order or direction against the order of his detention dated 13-6-89 under section 3(1)(i), and his continued detention under declaration no. 209/89 dated 23-8-89 issued by the Addl. Secretary to the Government of India, New Delhi; under Section 0 (1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (hereinafter referred to as the COFEPOSA Act).

(2.) THE petitioner was detained and kept in custody in the Central Prison, Trivandrum on 4th August, 1989, with a view to preventing him from smuggling gold. This followed an incident where the Customs Intelligence Officers of the State (discs of) of Kerala intercepted the petitioner at Trivandrum Airport and from his possession 7 yellow coloured discs with hole in the centre were found concealed in water motor lowana. and recovered. The licensed gold dealer assessed the yellow metal and certified that the said discs were gold with 24 carats purity weighing 1631.6 grams, valued at Rs. 5,13,954-00.

(3.) RESPONDENT No. 1 Union of India in spite of service of the notice of filing of this petition, on 6.4.90, has not cared to file the counter till today, to explain the question involved. In fact, there is no appearance on their behalf The State of Kerala respondent No. 2 even though have filed the counter, but there is no reply to this question as it does not relate to them.