SHAKKIR AHMED Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner who himself is a detenu has challenged the validity of the detention order dated 3rd of March 1988 passed by Shri K. L.Verma, Joint Secretary to the Government of India, under section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (as amended). The detention order was passed with a view to preventing the petitioner from smuggling goods.

(2.) . Mr. Madan Lokur, right in the beginning, pointed out that in the detention order the word Under Secretary written under the signatures of Mr. K. L. Verma is a clerical error as Shri K. L. Verma who has passed the order is a Joint Secretary to Govenment of India and has been specially empowered under Section 3(1) of the COFEPOSA Act.

(3.) . The detention order followed an incident dated 5th of January 1988 when the petitioner who was travelling in flight No. BG-691 from Singapore to Calcutta via Dhaka, Bangla Desh had landed at Calcutta Airport. The customs authorities felt suspicious about him and even though he opted for a red channel an attempt was made by the detenu to run through the exit gate. He was caught and he was found importing illegally three vedio cameras of foreign origin alongwith three adapters and three Battery packs collectively valued at Rs. 1,27,050. A sum of Rs. 1000 in the form of Indian currency was also found in his person. The case was further investigated and it was found that petitioner-detenu was indulging in acts of smuggling.