LEEMA SEBASTIAN Vs. STATE OF KERALA AND ORS.

JUDGEMENT

(1.) Since common questions of fact and law are involved, these Writ Petitions are being disposed of by this common judgment. W.P. (Crl) No.115 of 2015 is filed by Leema Sebastian, the mother of Varikkamakkal Sebastian Hiromasa, challenging the order of detention dated 25.2.2014, passed by the first respondent under Sections 3(1)(i) and 3(1)(iii) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as 'COFEPOSA Act'). W.P.(Crl) No.5276 of 2015 is filed by P.Rasheeda, mother of Rahila Cheerayi, challenging the order of detention dated 25.2.2014 issued by the first respondent under Sections 3(1)(i) and 3(1)(iii) of the COFEPOSA Act. Hereinafter, the detenues are referred to as Rahila and Hiromasa or as detenues.

(2.) The order of detention was executed on 9.11.2014 and since then Rahila and Hiromasa are under detention.

(3.) The following facts are discernible from the grounds of detention: On the specific intelligence reports that the detenues (Rahila and Hiromasa) were indulging in smuggling gold to India through various airports acting under the instructions of a gang of Shahbas, Abdul Lais @ Abu Lais and Nabeel, the detenues were intercepted at Calicut International Airport on 8.11.2013 when they alighted by Air India Express Flight No.IX 344 at 4.55 hours. On search of the body of Rahila and Hiromasa, it was found that three gold bars each were concealed around their waist. They had not declared that any dutiable goods were being brought. Rahila was having only 10 UAE Dirham and 500/- with her while Hiromasa was having only 20/- with her. The gold bars were seized, statements under Section 108 of the Customs Act were taken from them and they were arrested. Rahila and Hiromasa were remanded to judicial custody on 9.11.2013. As per the order dated 21.12.2013, bail was granted to them with effect from 28.12.2013 on certain conditions. The grounds of detention also reveals that the allegation is that Rahila and Hiromasa smuggled gold to India from Dubai on 30.7.2013 and 19.9.2013 as well. The further allegation is that Rahila smuggled 23 Kg. of gold bars valued approximately at 6.90 Crores while Hiromasa smuggled 16 Kg. of gold valued approximately at 4.80 Crores from Dubai.