CHANDA CHAWLA Vs. STATE OF KERALA

JUDGEMENT

(1.) This Original Petition has been filed by one Chanda Chawla seeking the release of her husband, Jay Prakash Chawla, who has been detained under Ex. P1 order issued under Section 3(1)(i) and Section 3(1)(ii) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as 'the COFEPOSA Act') and for other consequential orders.

(2.) On 23-4-1984, M/s. Nigil Exports (India), Cochin tendered 250 cartons of Frozen Cargo stated to contain 200 cartons of Frozen cat fish fillets and 50 cartons of Groupen ICF wholes under S. Bill No. 1360 dated 19-4-1984 for shipment to M/s. Fheonix Food Incorporated, New York. On information that these consignments contained dangerous drugs, the consignments were subjected to cent percent examination. As a result of these, 37 cartons were found to contain 500 slabs of Hashish weighing 516.502 kgs. concealed inside fish skin. The drugs were thereupon seized under mahazar by the Examining Officers of Customs on 24-4-1984. Investigation conducted by the Customs Department revealed that Jay Prakash Chawla alias J. P. Chawla alias Kumar brought the consignment of Hashish to Thevara, Cochin by a lorry transport where he was received by Antony John and E. G. Narayanan, the other two associates in the case. It also shows that Jay Prakash Chawla in active association with three others, carefully pre-planned, organised and attempted to export 516.502 kgs. of Hashish. Based on the proposal from the Collector of Customs, Ernakulam, Government have issued detention order against him on 7-1-1985 after examining the case in detail and arriving at the subjective satisfaction of the detaining authority. But the detenu was evaded arrest. Action under Section 7(1) of the COFEPOSA Act was initiated against him on 14-6-1985. He has all along been evading apprehension on the strength of stay orders issued by various High Courts. The Calcutta High Court vide its judgment dated 12-5-2000 dismissed the writ petition and vacated all interim orders. Consequently, the detenu was apprehended on 26-5-2000 and he was admitted in the Central Prison, Thiruvananthapuram on 29-5-2000.

(3.) The grounds of detention and all the connected documents were served upon him in time. The detenu submitted a representation on 23-6-2000, which was received by the Government and a reply was given to the detenu on 6-7-2000. As required under Section 8(b) of the COFEPOSA Act, the case of the detenu was referred to the COFEPOSA Advisory Board on 24-6-2000. The Advisory Board met on 31-7-2000 heard the detenu in person, perused the records of the case and his representation and opined that there is sufficient cause for detention. The Government examined the case afresh with full application of mind and confirmed the detention under Section 8(f) of the COFEPOSA Act and fixed the period of detention for one year with effect from 26-5-2000. Copy of the above order is produced as Ext. P6. It is further seen that the detenu had submitted petitions on 23-6-2000 and 29-6-2000 dated 29-6-2000.