NALOM K NOIDU Vs. UNION OF INDIA

JUDGEMENT

(1.) At the pre-detention stage, by this petition the petitioner is seeking quashing of the detention order passed under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short the Act).

(2.) It is alleged that the petitioner is a citizen of India and is employed in Doha, Qatar, Dubai; on 13th June, 1988 his father was arrested consequent upon the seizure of 14 gold biscuits by the Superintendent, Central Excise from his house; as per statements of his father the petitioner was named as the person responsible for the same, which were subsequently retracted; the detention order was passed against his father under Section 3(1) of the Act which was quashed by this Court; detention order under Section 3(1) of the Act was also passed against the petitioner while he was not in India, which has not been executed.

(3.) In the reply filed byrespondent no. I, it is stated that the petitioner had been sending smuggled gold from Qatar to India through paid carriers. The smuggled gold was sold and sale proceeds were distributed to various persons. These facts were con- Firmed by none other than his own father in his statements dated 13.6.1988 and 27.6.1988. Therefore, the involvement of petitioner in the case is proved beyond doubt and the detention order issued against him is fully warranted. As he was absconding therefore a declaration under Section 7 of the COFEPOSA Act was issued and action under Sections 82 and 83 of the Code of Criminal Procedure was also initiated.