RAJENDRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the brother of Pallipadathu Rameshan, S/o. Madhavan, Pallipadathu House, Calicut, who has been detained under S.3(1)(i) and (iii) of the Conservation of Foreign Exchange and Prevention of the Smuggling Activities Act, 1974 (hereinafter referred to as "the COFEPOSA Act").

(2.) The detenu had been working in Dubai as a mechanic from 1979 to 1983. The detenu has stated in his statement under S.108 of the Customs Act, which is subsequently retracted, that in September, 1992 he was approached by one Mohammed of Nilambur, who was working as a Manager in a Company at Dubai, where the detenu had previously worked. Mohammed came to the detenu's house and asked him whether he was willing to go to Dubai on a transit visa and bring gold from there to India. The detenu was promised a return air-ticket from Calicut to Sharjah and a sum of Rs.5,000/- as remuneration. Accordingly, the detenu went from Calicut to Dubai on 19th October, 1992. He met Mohammed there. On his return trip, he was asked by Mohammed to carry a suit case. The detenu returned from Sharjah to Calicut by flight C 990 on 30-10-1992. He was intercepted by the customs authorities. A search of the suit case revealed that in the false bottom of the suit case 150 gold biscuits of 10 tholas each, approximately valued at over Rs.68 lakhs, were concealed. The gold biscuits had foreign markings. The detenu gave a statement on the same day, that is to say, 30-10-1992, under S.108 of the Customs Act, 1962 to the effect set out hereinabove. He also stated that one Vijayan was to meet him at Calicut Airport on his arrival to whom he was to hand over the suit case as per the instructions of Mohammed. The detenu was arrested and produced before the Addl. Chief Judicial Magistrate (Economic Offences), Ernakulam on the same day, that is to say, 30-10-1992. He was remanded to custody. Thereafter the detenu made a number of applications for bail before the Addl. Chief Judicial Magistrate (Economic Offences) Ernakulam, as also before this Court. His applications were, however, dismissed. Ultimately, in Crl.M.C. No.1636 of 1992, which was an application for bail filed before this Court by the detenu on 21-12-1992, an order was passed on 29-12-1992 granting bail on certain conditions set out therein. The detenue filed an application dated 29-1-1993 for modification of the bail order, pursuant to which an order was passed on 5-2-1993 modifying the terms and conditions of bail as set out therein. Thereafter, on complying with the conditions so modified, the detenu was released on bail.

(3.) On 19-2-1993, the detenu made a complaint addressed to the Chief Judicial Magistrate (Economic Offences), Ernakulam, in which he has retracted the statement earlier given by Mm.