A.M. GIREESH Vs. UNION OF INDIA

JUDGEMENT

(1.) An order of detention under S.3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (hereinafter referred to as the 'COFEPOSA Act') was issued against the petitioner. Before it could be executed, the petitioner filed WP (Crl) No. 1707 of 2015 before the High Court of Delhi. When that Writ Petition came up for hearing on 18/08/2015, the petitioner sought permission to withdraw the Writ Petition with liberty to challenge the detention order at appropriate stage. Recording that statement, the Writ Petition was dismissed as withdrawn. For the sake of convenience, the order dated 18/08/2015 passed by the Delhi High Court is extracted below:

(2.) Thereafter, the present Writ Petition is filed before this Court stating that the petitioner has his permanent residence at Kozhikode within the territorial jurisdiction of this Court.

(3.) The petitioner was working as Assistant Central Immigration Officer Grade I at Dabolim Airport, Goa. On 07/07/2014, the officers of the Customs seized 19.491 kgs. of gold from the possession of three international passengers who arrived at Dabolim Airport, Goa from Doha. They were arrested. The allegation against the petitioner is that he knowingly abetted smuggling of 19.491 kgs. of gold into India on 07/07/2014 for his personal benefit and monetary gain. It was alleged that the petitioner has been associated with a well organized smuggling syndicate and he assisted smuggling of gold from abroad by providing information of flights and passengers. It was also alleged that the petitioner was involved in such activities even before. According to the respondents, it has come out that the petitioner was in constant touch with the mastermind of the smuggling activities and he was providing assistance for collecting gold from the passengers who carried the same.