CELINER VICTOR Vs. STATE OF KERALA

JUDGEMENT

(1.) Magna Carta of English Law, contains a clause which reads as follows :

(2.) Questioning legality of order passed by Government of Kerala, Home (SSA) Department dated 3-3-1999 in exercise of powers conferred under Section 3(1)(ii) of Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (in short 'the Act') directing detention of Victor Virigin Davidson (hereinafter referred to as 'the detenu'), this Habeas Corpus application has been filed by his wife.

(3.) It is not necessary to go into the factual aspects leading to detention in detail in view of limited nature of controversy raised. Suffice it would to mention that detention was directed on the basis of conclusion about detenu abetting smuggling of goods. On 8-10-1998, Superintendent (Intelligence), Air Customs, Thiruvananthapuram Airport and party intercepted a passenger by name Lawrence Joseph at the scrutiny hall where he was waiting after his immigration, customs and security clearance for proceeding to Dubai by Oman Flight WY 1413 via Muscat on that date. From passport and travel documents, it was ascertained that his name is Lawrence Joseph. His address as given in passport is Thiruvalla, Kottappuram P.O., Thiruvananthapuram. He was in possession of a blue-coloured zipper bag and a checked-in baggage, a brown-coloured corona suit-case which had an identification ticket and sticker of Indian Airlines security department. On being questioned as to whether he had any Indian/foreign currency or any other prohibited items on his person, or inside the bag, he replied in the negative. Thereafter his baggages were checked. Zipper bag and suit-case were subjected to detailed examination on the reasonable belief that he was concealing Indian/foreign currencies with a view to illegally take them out of India. When the suit-case was examined in detail, it was found to contain two brown-coloured packets sticked with cello-tape kept in between the clothes inside the said suit-case. The two packets were then opened and on examination, Indian currency notes of Rs. 500/- denomination and foreign currencies of different denominations were recovered. Total value of currencies recovered was in the neighbourhood of Rs. 16 lakhs. In his voluntary statement dated 8-10-1998, he deposed inter alia that he has no role in smuggling activities. He pointed out that one Janardhanan to be the key figure. Lawrence Joseph's residence was searched. Efforts were made to take evidence of Janardhanan. But, as he was absconding no fruitful result was achieved. On examination of documents, clear link was established that detenu was involved in smuggling activities. On 16-10-1998, detenu's residence was searched in the presence of his father-in-law. Certain incriminating materials were seized which clearly established his role in smuggling. It was indicated in grounds of detention that there was reasonable apprehension about detenu continuing to abet smuttling of Indian/foreign currencies out of India unless he was prevented from doing so by detaining him under the Act. It was indicated to him that he has a right to make representations to the detaining authority, Central Government and Advisory Board. Order of detention was executed on 18-5-1999. Order of detention, grounds and documents relied upon were served on detenu on the very same day. Representations were made by him on 4-6-1999.