T P ABDUL MAJEED Vs. UNION OF INDIA

JUDGEMENT

(1.) This is a petition for habeas corpus filed by the brother of the detenu T. P. Abdul Majeed. On 27-6-1992 T. P. Abdul Majeed (hereinafter referred to as detenu) arrived at the International Airport, Trivandrum to receive Moidu, who was coming to Kerala from Dubai. Moidu paid customs duty for 3031.6 grams of gold at Rs. 66,695/-. The detenu was to receive Moidu to help him to convey the duty paid gold to Coimbatore as directed by one Shaffi. Moidu had concealed 2869 grams of gold in the form of two sheets, which were later on detected by the officials of the respondents. Relying on the statement of Moidu detenu was also arrested and his statement was obtained. Detenu has retracted from it later.

(2.) Detenu was arrested on 26-6-1992 and he was later released on bail. On 17-2-1993 the Deputy Collector of Customs passed adjudication order (Ext. P4) dropping the proceedings against the detenu. In Ext. P4 the Deputy Collector arrived at the conclusion that the detenu could not be involved in concealing gold by another passenger who came from abroad and that there are no incriminating circumstances against him. On 18-1-1995 the detenu was arrested under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. Grounds of detention were also furnished to him. Detenu submitted representation against Ext. P5 order. His representation was rejected.

(3.) The stand taken by the petitioner is that Exts. P5, P6, P8, P9 and P 10 are illegal, unauthorised and reflective of presumptions and inferences drawn independently by the respondents without reference to the facts, circumstances or materials on record. It is also contended that a reading of Exts. P1 to P3 would really establish that Ext. P5 order was passed without applying the mind of the detaining authority, thereby rendering it illegal, unauthorised and void.