K T SAINABA Vs. STATE OF KERALA

JUDGEMENT

(1.) This is a case of detention under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as the "COFEPOSA Act"). The detenu arrived from Saudi Arabia on 8-12-1991 by air and upon verification the customs officials found 5 gold biscuits. Thereafter the matter was taken up both under the Customs Act as well as under the COFEPOSA Act.~CriLJ2018The order of detention was passed on 29-5-1992 as per Ext. P l, and the detenu was arrested on 5-6-1992. The grounds of detention was served on the detenu on 6-6-1992. The detenu submitted a representation, Ext. P3, to the Advisory Board with a request to forward the same to the Central Government, and the detaining authority. The said representation was rejected by the detaining authority on 23-7-1992 as per Ext. P4 and by the Central Government as per Ext. P4 dated 24-7-1992. Thereafter an order of confirmation of the detention was passed on 22-8-1992 as per Ext. P7.

(2.) Subsequently, the detenu made a fresh representation to the Central Government on 9-11-1992 as per Ext. P6. The same was rejected by the Central Government on 16-11-1992 as per Ext. P8, and by the detaining authority on 25-11-1992 as per Ext. P9.

(3.) The only point that has been raised by the learned counsel for the detenu is based upon the counter-affidavit filed by the State Government. It is stated in the counter affidavit that the matter was placed before the Screening Committee of the State Government and subsequently an order of detention was passed. Learned counsel for the petitioner contends that there is no place for the Screening Committee under the Act or the Rules, and that therefore reference to the Screening Committee is bad. Even if the matter could be referred to a Screening Committee, the detention, it is contended, in the present case is made without any independent satisfaction of the detaining authority. According to counsel, the detaining authority has merely followed the recommendation of the Screening Committee, without application of his mind independently.