ABDUL RAHIMAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This is a habeas corpus petition directed against the detention of one K.P. Abdul Hajeed under clauses (ii) to (iv) of Sec. 3(1) of the Conservation of Foreign Ex. change and Prevention of Smuggling Activities Act, 1974.

(2.) The detention order came to be passed on 14.6,84 under the following circumstances. One Anjilath Ahamed reached the Trivaudrum airport on 6.2 84 by Air India flight from Dubai, and declared that he was carrying goods worth about Rs. 1, 450/-. A search or his baggage by the Customs authorities however revealed that he was carrying textiles and other goods in commercial quantities worth about Rs. 7940/ ,besides 15 gold biscuits worth Rs. 2.21 lakhs concealed in the cavities of his suitcase. A cover addressed to Abdulla and containing a piece of paper with eight names and certain code words was also found in his person. On interrogation Ahamed stated that the good. were entrusted to him at Dubai by Basheer (brother of the detenu) and Majeed of Alkuluth Hotel, for being handed over to the detcnu who had instructions to wait for him at the Trivandrum airport, wearing white shoes for identification. The detenu had also instructions to provide him with extra funds it found necessary for customs clearance, and to pay him Rs. 1,000/. as remuneration. The Customs officers thereupon apprehended the detenu who was waiting- outside the arrival hall of the airport. On interrogation he too stated that he was waiting to take delivery of the baggage brought by the passenger. He also stated that he had been in contact with Basheer and Alkuluth Majeed of Dubai, that he was engaged for sometime past in taking dwivery of smuggled goods sent from Dnbai through different passengers and carrying them to Abdulla Patel of Bombay, that he was being regularly remunerated for this work and that in January, 1984 alone be had visited Trivandrum for the purpose on six different occasions, registering himself as Williams in the Hotel Lucia. A Search of his room in the hotel resulted in the discovery of three pieces of paper, two in his own handwriting, containing the names of Anjilath Abamed and others. The detenu was then arrested and produced before a Magistrate for remand. The Customs Officers thereafter questioned two employees of the hotel, some of the persons named in the pieces of papers recovered, and the detenu and Anjilatli Ahamed again (on 10-2-84). It was Oil the basis of information so collected and forwarded to the State Government that the Home Secretary passed the order of detention on 14.6.84.

(3.) The State Government reported to the Central Government under Sec. 3(2) on 18.6-84. be detenu was taken into custody on 22.6-84. Ext. P. 2 grounds of detention, drawn up in English, was served on the detenu on 24-6.84, along with all the connected papers and statements. A malayalam version of the grounds was served on 5.7.84. On 26.7-84 the Central Government made a declaration under Section 9(1). In the meanwhile the State Government had also made a reference, under Section 8(b), to the Advisory Board. On 6.8-84 the detenu made a representation to the state Government, and the State Government forwarded it to the Collector of Customs for comments, on 7.8.84. The Advisory Board met on the 7th, and after hearing the detenu in person, reported to the State Government oil the same day that there was sufficient cause for his detention. In the light of the above report, Government passed an order on 14-8-84 confirming the detention for a period of one year. By a communication dated, 13.8.84 the Collector of Customs had offered his remarks on the detenus representation, in response to the State Governments letter dated 7-8-84 ; and after considering the same, the Government passed Ext. P. 7 order, also on 14-8.84, rejecting the representation.