PARAMMAL SIDDIK Vs. UNION OF INDIA

JUDGEMENT

(1.) On 12-8-1985, one Shri Abdul Azeez, holder of an Indian passport arrived at Trivendrum Airport from Dubai by Air India flight. He was found carrying Indian currency of Rs. 1100, one gold biscuits bit of the value of Rs. 2915 and 20 gold biscuits with foreign markings of 10 tolas each, of the value of Rs. 2,93,866. During the course of interrogation, Shri Azeez, named besides other persons, the present petitioner who was to receive a part of the consignment. On the next day, the residence of the present petitioner was searched as a result of which one telegram dated 23-1 1-1984 addressed to Mr. Azeez was recovered. On interrogation the petitioner admitted his involvement in the smuggling of gold. On the basis of the material concerning this case, the petitioner was taken into custody. He was produced before the Court of Chief Judicial Magistrate, (Economic Offences), Ernakullam on 16-8-1985 and remanded to judicial custody. Some time later, he was granted bail on the condition that he would not change his residence and would also report before the <PG>214</PG> Superintendent. Customs once a week. Subsequently, these conditions were waived by the Court.

(2.) The case was examined at the level of the State Government. Vide order dated 18-1-1986. Shri N. Kalees waran. Commissioner and Secretary (Home), Government of Kerala came to the conclusion that with a view to prevent the petitioner from abetting the smuggling of goods, it has become necessary to detain him. While exercising the powers conferred by Section 3(l)oftheCOFEPOSAAct,the Government of Kerala directed that the petitioner be detained and kept in custody. The order of detention was duly served on 22-1-1986. On 24-1-1986, he was supplied the grounds of detention along with the photostat copies of certain documents alleged to have been relied upon by the detaining authority.

(3.) On the same material, Shri M.L. Wadhawan, Additional Secretary to the Government of India, signed the declaration under Section 9(1) of the COFEPOSA Act recommending his detention for a period of 2 years from 22-1-1986. The copy of this very declaration was served on the petitioner on 17-6-1986. This very declaration is subject-matter of attack in the present petition.