LAWS(DLH)-2012-5-379

NIKHIL MONDAL Vs. UOI

Decided On May 18, 2012
NIKHIL MONDAL Appellant
V/S
UOI Respondents

JUDGEMENT

(1.) This judgment will dispose of challenges to two Detention Orders issued by the Central Government whereby Nikhil Mondal @ Tapan [the petitioner in W.P. (Crl) 247/2012] and Jamal Seikh [petitioner in W.P. (Crl) 248/2012] were placed under preventive detention in exercise of the powers conferred upon the Central Government under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereafter referred to as "COFEPOSA"). These detention orders were served upon Nikhil Mondal @ Tapan on 06.06.2011 and on Jamal Seikh on 07.06.2011. They were confirmed by separate orders dated 23.08.2011 which were passed after the Advisory Board furnished its report to the Central Government.

(2.) Based on the information and intelligence received by the Directorate of Revenue Intelligence, Kolkata Zonal Unit (hereafter referred to as the "DRI"), that a huge quantity of Fake Indian Currency Notes (hereafter referred to as "FICN") had been smuggled to India from Bangladesh, to be delivered at Patna in a train on 29.10.2010, the officers of the DRI, Kolkata and Berhampore went to Dhulian Ganga Railway Station. Surveillance was kept on the passengers. It was alleged that three suspects, i.e. Mohd. Sakir Mian, Santhi Basak @ Geeta Sen and Tumpa Basak (Goswami) @ Tumpa Sen were carrying bags containing the FICN. Upon being nabbed they stated that these were to be delivered to someone in Patna who was representing their principal in Nepal. It was also revealed that the plan was to circulate FICN within the country. It was alleged that upon search, two bags containing currency notes in the denominations of Rs.500 and Rs.1000 were found, and that these notes were believed to be fake. These totalled to Rs. 27,95,500/-. A Panchnama to that effect was drawn on 30.10.2010. Import of fake currency is prohibited by the Notification dated 13.04.1999 under Section 11 of the Customs Act which is also liable for confiscation, under Section 111, in terms of the Notification dated 13.05.2008. Upon opinion being sought, it was revealed that the notes seized were in fact FICN.

(3.) It was alleged that all the three suspects made statements which were recorded under Section 108 of the Customs Act, 1962 in terms of which it was revealed that Mohd. Sakir Mian was working under instructions of Nikhil Mondal @ Tapan and Jamal Seikh, the present petitioners. They used to arrange for smuggling of FICNs into India and were also associated with one Kamal of Bangladesh. Nikhil Mondal @ Tapan, it was alleged, used to keep the FICNs in his house and other hide-outs. It was revealed that on 10/11.10.2010, Mohd. Sakir Mian, with the petitioners, went to Patna to meet someone who had come-down from Nepal and worked out a plan for smuggling FICN from Nepal to India via Patna. Mohd. Sakir Mian had never seen that person before, who was perhaps related to the present writ petitioner. On 22.10.2010, Mohd. Sakir Mian and Jamal Seikh went to Patna to deliver Rs.20 lakhs to a messenger who was from Nepal. It was alleged that Jamal Seikh contacted the individual from his mobile no. 8145872331. Mohd. Sakir Mian also stated that he was entrusted by Nikhil Mondal @ Tapan to hand-over to the other two detenus, bags containing FICNs, which were ultimately the subject matter of the seizures made. Mohd. Sakir Mian had been arrested by P.S. Kaliachack sometime ago and was bailed-out in September 2010. It was alleged that Nikhil Mondal @ Tapan was nabbed on 30.10.2010 from his house on the basis of information derived from the statements of three individuals, and his statement under Section 108 Customs Act was recorded in which he confessed to having engaged the three for the purpose of carrying FICNs from Dhulian Ganga Railway Station to Patna. He also stated that Jamal Seikh had arranged for procuring FICNs from one Kamal of Bangladesh. He revealed that he was involved in smuggling FICNs for quite a while and had been arrested by the police for the same offence. He also admitted that on 25/26.09.2010, he went to Jogbani with the FICNs and delivered it to someone from Nepal and that a few days later, he engaged two people for transporting FICNs worth Rs.19.86 lakhs. He admitted that on 12.10.2010, he went to Patna with Jamal Seikh and Mohd. Sakir Mian for exploring new modes of smuggling by avoiding the New Farakka Railway Station. There, they chalked-out the future course of action. He admitted further to being arrested by the police of P.S. Paisnab Nagar in connection with the circulation of FICN worth Rs.7 lakhs previously, in Case No. 13/2007, registered on 07.02.2007 and was wanted in another case in P.S. Jamnagar City Division, being Case No. 48/2003. It was alleged that on the basis of Nikhil Mondal s statement, Jamal Seikh s house was searched and a railway ticket dated 12.10.2010 for the journey from Patna to New Farakka Railway Station was recovered, which corroborated Nikhil Mondal s statement as well as that of Mohd. Sakir Mian. The three individuals who had been previously arrested Mohd. Sakir Mian, Santhi Basak @ Geeta Sen and Tumpa Basak (Goswami) @ Tumpa Sen, as well as Nikhil Mondal were detained under Section 104 Customs Act for offence punishable under Section 135 and produced before the Chief Judicial Magistrate and remanded to judicial custody. It was alleged in the grounds of detention that the facts revealed by Nikhil Mondal in his statement, as well as the recoveries made from others and the details gathered on the basis of mobile phone statements subsequently secured from the service providers revealed that he was a habitual offender involved in the distribution of FICNs which adversely affected the economy of the country. The Detention Order in respect of Jamal Seikh narrated the same facts. It also relied upon the statements made by Mohd. Sakir Mian, Santhi Basak @ Geeta Sen and Tumpa Basak (Goswami) @ Tumpa Sen under Section 108 as well as statement of Nikhil Mondal. Besides this, all particulars and details furnished by various service providers were listed. These made-out the different calls allegedly made by Jamal Seikh to all the other three and the calls made by them to him at various points of time, corroborating the link he had with them. In his case also, the detention authority was of the opinion that his activities were prejudicial to the economy of the country as import of FICN was deleterious.