S.RESHMI Vs. UNION OF INDIA

JUDGEMENT

(1.) Four persons, namely, Manu E.V., R. Krishnakumar, P.K.Shajahan and Muhammed Rasheed were detained as per the order dated 28.5.2015 issued under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as 'COFEPOSA Act'). Manu E.V. And R.Krishnakumar were working as Assistant Central Intelligence Officers at the Kochi International Airport, while P.K. Shajahan and Muhammed Rasheed are travel agents at Angamali. It is alleged that on 7.1.2015 and 14.1.2015, one Ijaz Abdulla K., a passenger in Dubai -Kochi flight, illegally brought 4 kgs. each of gold to India. The further allegation is that Manu E.V. and R. Krishnakumar facilitated the movement of gold from Airport to outside on 7.1.2015 and also agreed to do so on 14.1.2015. It is also alleged that P.K.Shajahan, Muhamed Rasheed, Kunhayankutty @ Kutty and Imthiyaz constituted a smuggling syndicate and with the help of passengers from Dubai to Kochi and the two Assistant Intelligence Officers at Kochi International Airport smuggled large quantities of gold on more than thirty occasions. The CCTV footage at the Kochi International Airport on 26.12.2014 and 7.1.2015 were relied on to arrive at the conclusion of the smuggling activities indulged in by Manu E.V., R.Krishnakumar, P.K.Shajahan and Muhammed Rasheed. A compact disc containing the CCTV footage was furnished to the detenus, but no facility was provided for the detenus to view the CCTV footages till 11.7.2015.

(2.) The question involved in these Writ Petitions is whether the continued detention of the detenus is vitiated on the ground that the grounds of detention were not communicated as provided under Article 22(5) of the Constitution of India, since the detenus were denied the opportunity to view the CCTV footages within the time provided under sub -section (3) of Section 3 of the COFEPOSA Act.

(3.) The orders of detention were issued on 28.5.2015. In execution of the orders of detention, Manu E.V., R. Krishnakumar and Muhammed Rasheed were arrested on 1.6.2015, while P.K. Shajahan was arrested on 20.6.2015. The grounds of detention were served on the detenus within five days of their date of detention. One of the documents relied on by the detaining authority in the grounds of detention is the CCTV footage at the arrival hall of the Kochi International Airport, Nedumbassery on 26.12.2014 and 7.1.2015.