FOUSIA Vs. STATE OF KERALA

JUDGEMENT

(1.) The original petition is for the issue of a writ of habeas corpus, or any other writ, order or direction directing the first respondent to produce the detenu, the husband of the petitioner and to set him at liberty, to quash Exts. P-1 detention order and P-8 confirmation, and for other reliefs.

(2.) On 10/12/1990, the detenu arrived at the Trivandrum Airport from Dubai by Air India Flight. When he was about to go for customs clearance the Intelligence Officer intercepted him on suspicion and examined his travel documents. The detenu gave a declaration of the goods brought by him. But, when examined, the Customs Officer recovered 12 gold bars weighing 1398 grains valued at Rs.4,54,350.00 concealed in a cradle. The Officer seized the gold bars. The detenu gave a statement under S.108 of the Customs Act, 1962 to the effect that the said gold bars were given to him by one Saidu of Thrissur District working in Dubai, that since he was without job and was facing financial difficulty the said Saidu used to give him financial assistance, that when the detenu expressed his desire to go home Saidu informed that he would arrange the air ticket provided he carried the goods entrusted to him, that the said Saidu gave air ticket and cradle, told him about the concealment of the gold in the cradle, saying that he would be paid Rs.10,000.00 when he hands over the cradle to Saidu's man.

(3.) The detenu was arrested under S.104 of the Customs Act and was produced before the Additional Chief Judicial Magistrate (Economic Offences), Ernakulam who remanded him to the judicial custody. He was later enlarged on bail on 1/1/1991. After the completion of investigation, the sponsoring authority sent the proposal to the detaining authority, who passed Ext. P-1, the detention order. Consequent upon the detention order dtd. 27/2/1991, the detenu was arrested and detained on 3/12/1991. Ext. P-2 grounds of detention was supplied to the detenu. He sent a written representation Ext. P-3 to the State Advisory Board requesting to cancel the detention order. Petitioner sent Ext. P-5 representation on 27/12/1991 to respondents 1 and 2, and the State Advisory Board requesting them to supply the Malayalam translation of the documents supplied to the detenu. The detaining authority as per Ext. P-7 letter furnished the Malayalam translation of the documents demanded by the petitioner.