BARIKAD ABDUL RAHIMAN Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has challenged in this petition the detention order dated 30th of January 1987 passed by the State of Kerala in pursuance of which the petitioner was taken into actual detention on 20th of August 1987. The detention order was passed with a view to preventing the petitioner from engaging in transporting and keeping smuggled goods and dealing in smuggled goods otherwise than by engaging in transporting and keeping smuggled goods, and it was passed under Sections 3(1) (iii) and 3(l)(iv) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974.

(2.) . The detention order came to be passed in respect of an incident dated 11th of April 1986 when the customs authorities are alleged to have recovered 21 gold biscuits of foreign make and Indian currency worth Rs. 24,100.00 from the possession of the petitioner and his accomplice. On investigation it was found that the petitioner along with some other persons was indulging in smuggling of foreign goods. It was in these circumstances that the Government of Kerala thought it absolutely necessary to detain the petitioner with a view to prevent him from indulging in this type of prejudicial activities.

(3.) . With a view to properly proceed with the point involved I find it necessary to make a reference to certain dates which do assume importance on the facts and circumstances of this case. As indicated above the incident took place on 11th of April 1986. The petitioner was taken into custody on. the same day and within a few days he was admitted to bail. Long thereafter on 6th of October 1986 the petitioner was served with a show cause notice and the petitioner filed reply thereto. The Court is told by the State of Kerala that the investigation was prolonged in the case because one of the accused P. Moidu failed to turn up even after issuing repeated summons to him. In the grounds of detention in para 7(b) it is stated that the first summons was issued to the said P. Moidu on 12th of May 1986 which was returned undelivered on 19th of May 1986, and fresh summons was issued to him on 5th of July 1986 which was served upon the said person by pasting it on the front door on 11th of July 1986 but he failed to comply. The affidavit of the State of Kerala goes to indicate that the sponsoring authority recommended action under COFEPOSA on 16th of December 1986 and after it was processed by the Screening Committee the detention order came to be passed on 30th of January 1987. May I repeat that the detention order was thereafter actually executed on 20th of August 1987 and a declaration under Section 9(1) of the COFEPOSA was made on 18th of September 1987. The other details regarding the making of representation and decisions thereon are not important for my purpose.