P P SANKARAN Vs. UNION OF INDIA

JUDGEMENT

(1.) On 29.4.85. 18 gold biscuits of 10 tolas eachwere recovered from the baggage of one P. Bhaskaran Nair who had landedat Trivendrum Airport on a flight which came from Sharja. On interrogation, Shri Bhaskaran stated that the zipper bag containing the foam mattresswith the 18 gold biscuits concealed therein had been given to him at Sharjaby one Kunhimon, a friend of his employer Shankaran, the petitioner herein.Shri Bhaskaran further disclosed that he was instructed by Kunhimon to handover the said zipper bag to one Velayudhan a relative of the petitioner whowould be waiting outside the airport to receive him. It is also the case ofthe Department that the statement of Shri P.K.. Velayudhan which wasrecorded on 29.4.85, revealed that he met the petitioner in the morning, whoinstructed him to go the airport to receive Shri Bhaskaran.

(2.) As a consequence of the further investigation, petitioner wasarrested on 29.4.85 by the D.R.I, officers from Shri Chitra Medical Centrewhere he was confined and was undergoing treatment for cancer. On2.5.85, the petitioner moved an application for his release on bail which wasallowed by the learned A.C.J.M., 1st Class. Ernakulam on 3.5.85, on hisexecuting a bond of Rs. 10.000.00 with two solvent sureties each of the likeamount. The petitioner was further directed to appear before the Superintendent, D.R.I, on every Monday and as and when required. However, in themeantime on 29.10.85. the Commissioner & Secretary (Home), Governmentof Kerala. while exercising his powers u/Sec. 3(1) of the Conservation ofForeign Exchange and Prevention of Smuggling Activities Act, 1974 (in shortCOFEPOSA Act), passed the order for the detention of the petitioner, with aview to preventing him from smuggling goods. Against this order of detention, the petitioner through his Counsel, made the representation to theCentral Government on 25.8.89 praying for the revocation of the order ofdetention though the same has not been served on him. His representationhas since been rejected.

(3.) The petitioner has now moved this Court under Article 226 of theConstitution of India read with Section 482 of the Code or Criminal Procedure for the issuance of a writ of mandamus and/or a writ of certiorarifor restraining the respondents From implementing the order of detentionpurported to have been passed u/Sec. 3(1) of the COFEPOSA Act, dated29.10.85 and also restraining them from taking any steps or action pursuantto the said order and for setting aside the same.