MOHAMMAD SALI Vs. STATE OF KERALA

JUDGEMENT

(1.) The father of detenu Mohammed Sali Ansar, who has been detained under S.3(1)(i)(iii) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short the COFEPOSA Act ), seeks a Writ of Habeas Corpus to set his son at liberty.

(2.) On 11.8.1994, an unaccompanied baggage was cleared by the detenu from the Trivandrum Airport on payment of duty. While the goods were taken to a matador pick-up van, it was intercepted by the Senior Intelligence Officer, Directorate of Revenue Intelligence, Trivandrum and a few of his subordinates. As the officers have entertained a reasonable belief that the unaccompanied baggage contained contraband goods which are not declared, the entire goods were taken to the Customs House where the baggage was opened and inspected. On Inspection, it was found that the baggage contained undeclared articles, the total market value of which was estimated at Rs. 26,22,220/- but, the detenu had only declared articles valued at Rs. 11,150 / for which he paid Rs.12,750/- as customs duty. On questioning, the detenu had said that the goods did not belong to him, but those were only sent in his name. He also added that he did not posses any document to show that the excess goods suffered customs duty. The articles were seized as the same had been smuggled to India without valid import licence. The detenu was arrested. On questioning him, it was revealed that he was in Riyadh and had returned to India a week prior to 11.8.1994. He was produced before the Additional Chief Judicial Magistrate (Economic Offences), Ernakulam and was released on bail on 23.8.1994. The entire goods seized were later confiscated. The detenu did not stake his claim for the goods.

(3.) While so, on 19.4.1995, the first respondent, State of Kerala, passed an order under S.3(1)(i) and 3(1)(iii) of the COFEPOSA Act directing the detention of the detenu. The order was executed on 24.4.1995. Grounds of deletion as well as the copies of the documents which formed the basis thereof were furnished to the detenu subsequently. The detenu is being detained in the Central Prison, Trivandrum. The petitioner made Ext P3 representation to the Chairman of the COFEPOSA Advisory Board on 26.6.1995 in which he prayed for revocation of the order of detention passed against his son. Though the representation is addressed to the Chairman of the COFEPOSA Advisory Board, it was sent to the State Government by the Jail authorities, who in turn, forwarded a copy to the Advisory Board. Another Copy of the representation was forwarded to the Central Government by the State Government ,and a copy was retained by the State Government. The Advisory Board considered the representation and rejected the same. The State Government also considered and rejected it and later chose to confirm the order of detention.