POKKER HAJI Vs. STATE OF KERALA

JUDGEMENT

(1.) This petition is moved by one Pokker Haji, father of P. Saidalavi, who has been detained in the Central Prison, Thiruvananthapuram under S.3(1)(ii) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short 'COFEPOSA'). Though the order was challenged on many grounds, counsel for the petitioner confined the argument only to one ground which we will deal with later.

(2.) This case presents the following facts. Air Customs Superintendent and officers on 11.9.1995 recovered foreign currency worth Rs. 1.03 crores from one of the baggages detained for examination at the baggage identification area of Karipur airport. Baggage was having Indian Airlines tag C. No. 5183887 and with seat No. 21C mentioned on its reverse side and the nametag with the name and address 'Moideenkutty, Othukkumgal, Manjeri, Malappuram'. Occupant of seat No. 21C Sri. V. P. Nazeer did not claim the baggage as his. Further investigation proved that the brief case was placed on the spot by Sri. J. Seetharam Naik, senior loader of Indian Airlines. In his voluntary statement dated 21.9.1995 he admitted that he had done so on behalf of one Sri. Ali Mohammed for a remuneration of Rs. 15,000/-. The brief case containing the foreign currency was entrusted to him by Ali Mohammed and P. Saidalavi. Sri. Seetharam Naik was introduced to Ali Mohammed and enticed in the smuggling activities by Saidalavi who was then running a Cool Bar at Kondotty. Seetharam Naik was detained under COFEPOSA and underwent a detention for maximum period, i.e., two years. Commissioner for Central Excise and Customs after investigation furnished proposal for detention of Saidalavi under S.3(1)(ii) of the COFEPOSA Act and the detaining authority examined all the details furnished and issued detention order dated 23.1.1996 and forwarded the same to Superintendent of Police, Malappuram for immediate execution.

(3.) The detaining authority mainly relied on the confession statement recorded from Seetharam Naik under S.108 of the Customs Act, 1962, and stated in the detention order as follows: