MAVUNGAL MOOSA Vs. UNION OF INDIA

JUDGEMENT

(1.) - The petitioner in this writ petition, under Article 226 of the Constitution of India, has sought issuance of writ of habeas corpus, or any other appropriate writ, order or direction, for his immediate release by quashing the order of his detention dated 24th February, 1987 passed by respondent No. 2, herein, (State of Kerala) under the provisions of Section 3(1) (ii) and 3(1) (iii) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as COFEPOSA ActT), and also the declaration passed by respondent No. 3, under section 9(1) of the Act.

(2.) The facts, as re-produced in the writ petition are to the effect that on 24th June, 1986, a party of Customs (Preventive) Calicut intercepted a car bearing No. KLL 5333 at a place called Kappad near Calicut. The petitioner is alleged to have been traveling in the said car, besides the driver of the car named Abdul Karim, and search of the car yielded recovery of 40 gold ingots contained in 20 packages wrapped in an old piece of cloth tied with a plastic tape and each of the 40 gold ingots weighed 10 tolas 999.0 and bore the foreign marking Swiss Bank Corporation. The total quantity of the gold recovered is thus alleged to have been 116.600 grams, valued at Rs. 10,26,080/- and of 24 Ct. purity. The same was seized under the reasonable belief that the said gold ingots had been smuggled into India, and were thus liable to confiscation.

(3.) After seizure of the gold and completion of all the formalities, the petitioner was taken to the Customs Office at Calicut where his statement was recorded under section 108 of the Customs Act and thereafter the petitioner was placed under arrest. It is pleaded that the petitioner was after certain period of judicial custody released on bail subject to certain conditions and that while he was complying with the conditions of bail, he was detained pursuant to a detention order purported to have been passed against him on 24th February, 1987.