V ABDUL JALEEL Vs. STATE OF KERALA

JUDGEMENT

(1.) This writ of habeas corpus has been filed by the brother of the detenu challenging the order of detention passed under the provisions of Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (in short COFEPOSA) to revoke order of detention dated 23-08-2001 and to set him free.

(2.) The order of detention was passed under Section 3(1)(i), 3(1)(ii) and 3(1)(iii) of the COFEPOSA by which one Siddique was detained based on his involvement in the seizure of illegal export of foreign currencies and Indian currencies totally valued at Rs. 2,55,86,013.85. The Kerala Regional Unit of the Directorate of Revenue Intelligence intercepted Siddique from Trivandrum International Airport on 03-05-2001. On search of his registered baggage resulted in the seizure of above mentioned foreign currencies and Indian currencies along with other incriminating materials. Statements were recorded under section 108 of the Customs Act and he was arrested and produced before the Chief Judicial Magistrate, Thiruvananthapuram on 04-05-2001, whereupon he was remanded to judicial custody. A case was also registered as O.R.No.DRI/TVM/1/2001. Various applications for bail were filed by the detenu before the Sessions Judge, Ernakulam as well as before this Court, but without success. Investigations was not complete within sixty days and no complaint was filed and hence he moved this court for bail and bail was granted on execution of necessary bonds and was released from the judicial custody.

(3.) A detailed investigation was conducted by the authorities and it was revealed that one George Koshy and Sudhakaran were involved in the smuggling of gold biscuits to India. It was also revealed that the detenu had assisted them in various trips from Sharjah/Dubai to Nedumbassery/Calicut for smuggling gold biscuits to India and that the detenu was promised an amount of Rs. 5000/- and flight ticket per trip. Detailed investigation revealed that detenu had deliberately and intentionally attempted to smuggle by transporting foreign and Indian currencies totally valued at Rs. 2,55,86,013.85 out of India by concealment with the help of George Koshy and Sudhakaran and without declaring before the Customs Authorities and abetted in the smuggling of gold biscuits into India by acting as an aid to George Koshy and Sudhakaran who had smuggled gold biscuits to India. It was therefore reasonably apprehended that the detenu would continue to smuggle by transporting foreign and Indian currencies out of India and abet in the smuggling gold biscuits to India unless prevented from doing so by detaining him under the COFEPOSA. Consequently order of detention dated 23-08-2001 was passed. Ground of detention order was passed were also served in the detenu. Detenu filed a detailed representation against the order of detention on 10-10-2001. The representation was rejected by the Governmentof India vide its communications dated 31/10/2001. State Government also rejected his representation vide order dated 11-10-2001. Detenu's case was presented before the Advisory Board. The Advisory Board vide its report dated 23-10-2001 found there was sufficient cause for detention under the COFEPOSA. The State Government later vide order dated 30-10-2001 confirmed the order of detention.