RAZAULLAH KHAN HASSANALLY Vs. UNION OF INDIA

JUDGEMENT

(1.) Mr. Razaullah Khan Hassanally (hereinafter called the petitioner) has challenged the detention order dated 16.12.92 passed under Section 3[1] of COFEPOSA by filing this writ petition.

(2.) In brief the facts as are apparent on record are that the petitioner was intercepted at the I.G.I. Airport, New Delhi when he arrived from Dubai on 19.8.1992 he allegedly handed over one polythene bag containing 2448.60 gms of gold valued at Rs. 10,03,926.00 to one Kamlesh Kumar, who was apprehended by the Customs Officers, at the exit gate of the Customs arrival hall. Shri Kamlesh Kumar as well as this petitioner allegedly made statements under Section 108 of the Customs Act and on the basis of the statements so made both of them were arrested and produced before the A.C.M.M. on 19.8.1992, and remanded to judicial custody.

(3.) On 16.12.1992 the impugned detention order was passed against the petitioner under Section 3[1] of COFEPOSA. The impugned detention order was served on the petitioner on 17.12.1992 and the grounds of detention were served on him on 22.12.1992. A representation dated 28.12.1992 was sent by the petitioner to respondents Nos. 1 and 2 through Superintendent, Jail which was decided by respondent No.1 on 21.1.1993 and the respondent No.2 on 28.1.1993. This fact was duly considered by the Advisory Board and the order of detention was recommended to be confirmed by the Advisory Board. Thus the detention order was confirmed on 12.3.1993.