PHILOMINA Vs. GOVERNMENT OF KERALA

JUDGEMENT

(1.) The wife of the detenue impugns the order passed by the designated authority under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as the COFEPOSA Act, for short). It is alleged that on 24.12.2000 a person by name A. Mammu was travelling from Trivandrum to Doha by Qatar Airways and when his hand bag was searched, it was discovered that it contained 9 big thread rolls. On opening them it was discovered that foreign currencies were kept tied around the bobbins. The currencies were valued to the tune of Rs. 28,41,484.15. The passenger had a check in baggage, a cardboard carton tied with a yellow nylone rope. When this box was opened, a glass jar with pickle was recovered. Inside they discovered a plastic packet containing foreign currency valued at Rs. 45,43,939.05. Along with the same certain documents were also recovered which included a sheet of paper in which certain names were written including the name of one Shafeeq with a telephone number at Dubai. Mammu gave a statement under S.108 of the Customs Act to the effect that the contents of the box as also the hand baggage were given to him by a person named Nassar. He further stated that on 23.12.2000 the abovesaid Nassar, himself, Mohammed Kutty, Mujeeb and another person by name Rafeeq stayed at Matha Tourist Home at Trivandrum, that he was proceeding abroad and that they accompanied him. Thereupon the officers of the Customs proceeded to Matha Tourist Home and took into custody all the persons referred to by him. Statements were recorded from all of them. The statement in short disclosed that Nassar was engaged at the instance of detenue to arrange a carrier to smuggle foreign currency from out of India. Nassar in pursuance thereto had thereupon contacted Mohammed Kutty who owned a shop at Nedumbasserry Air Port, and Mohammed Kutty in turn engaged Mammu on a consideration of Rs. 10,000/- for the services rendered and free air ticket in the event he carried the currency. These persons were thereupon arrested on 23.12.2000 from the Matha Tourist Home. They had travelled to Trivandrum in a Qualis car and that car was also seized. Summons were issued to the detenue but he did not respond. He sought to be excused but he instead applied for an anticipatory bail. The bail application was made on 23.1.2001. Subsequently on 19.4.2001 Ext. P1 detention order was issued. The detenue was taken into custody on 26.4.2001.

(2.) The order is challenged before this Court by the detenue on the following grounds:

(3.) The above are the main aspects put forth by the counsel challenging the validity of the impugned detention order.