AMBADI VALAPPIL RAMLA Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner is the wife of one Thallassery Parambil Abdul Saleem, who has been detained in the Central Prison, Thiruvananthapuram, under S.3(1)(i) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as 'the COFEPOSA Act').

(2.) The case of the petitioner is that her husband arrived at Thiruvananthapuram by Qatar Airways Flight No. QR 240 from Abudabi. On enquiry by the Officers, Abdul Saleem (hereinafter referred to as 'the detenu') informed his name and address. On examination of his customs clearance gate pass, it was noticed that on arrival the detenu had opted for green channel and he had not paid any customs duty. To a question whether he had any gold or any other valuable item on his person or inside his baggage, the detenu replied in the negative. Thereafter, the detenu was taken along with his baggage to the X - ray room inside the baggage hall. A detailed examination was conducted by the Officers on the baggage and also on the person of the detenu. On examination, it was found that a bundle of U. S. Dollars and 85 Gold Biscuits taped with adhesive tape covered with plastic paper were recovered. The total weight of 85 Gold Biscuits was ascertained as 9,911 gms, at a total value of Rs. 39,94,133/-. The total value of the U.S. Dollars recovered from the detenu was 9,500 U. S. Dollars.

(3.) Thereafter, 100 U.A.E. Dirhams were found in the pocket of the shirt of the detenu. This was also recovered. The detenu did not possess any valid document for importing the gold. Thus, he had attempted to smuggle 85 Gold Biscuits without paying customs duty.