FOUSIA RABINS Vs. UNION OF INDIA

JUDGEMENT

(1.) In this Habeas Corpus Petition, the petitioner questions the detention of her husband Rabins K. Hameed ( "the detenu " for short) under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 ( "COFEPOSA " for short), pursuant to the order passed by the 2nd respondent on 15-3-2021 and executed on 17-3-2021.

(2.) Based on specific intelligence that gold in huge quantity was being smuggled through diplomatic luggage, one consignment of cargo with diplomatic immunity in terms of Foreign Privileged Persons (Regulation of Customs Privileges) Rules, 1957 consigned from Dubai by Al Zatar Spices, Sharjah in the name of charge d' affairs of UAE Consulate was withheld for clearance on 5-7-2020 and subsequent examination of the said consignment resulted in the seizure of gold weighing 30.244 kilograms having a value of Rs. 14.82 Crores.

(3.) The investigations that followed the seizure on 5-7-2020 revealed that one K.T.Ramees, a major investor along with the other organizers and facilitators like Swapna Suresh, Sarith P.S., and Sandeep contacted the habitual offenders including Jalal A.M., the detenu and others and they conducted two trial consignments and the group had altogether smuggled around 136 kilograms of gold in 21 consignments including the one seized on 5-7-2020, during the period between 15-7-2019 to 27-6-2020. Investigations further revealed that the detenu along with Jalal A.M. had joined the smuggling racket and invested money for smuggling gold and on three occasions, the detenu had purchased gold and got it concealed with the help of a goldsmith at Ajman and had sent it to India in the name of Faisal Fareed. It was alleged that they had smuggled 12.853 kilograms of gold, by concealing it inside a diplomatic cargo and attempted to smuggle about 5.50 kgs of gold, included in the 30kgs of gold which was seized on 5-7-2020. It was in this background, the order of detention was issued by the second respondent.