EDWIN ANDREW MINIHAN Vs. THE UNION OF INDIA

JUDGEMENT

(1.) Edwin Andrew Minihan, an Irish national who came to India on 13.7.2015 from Dubai, is undergoing preventive detention in execution of Ext.P2 order of detention dated 3.9.2015 issued under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (hereinafter referred to as 'the COFEPOSA Act'). Ext.P2 order of detention is under challenge in this Writ Petition.

(2.) The facts in a nutshell are the following: The petitioner arrived at Nedumbassery International Airport by Emirates Flight EK 534 from Dubai on 13.7.2015. The officers of the Commissionerate of Customs, Kochi had received information that frequent passengers arriving from sensitive destinations were involved in smuggling gold into India and, therefore, a vigil on such passengers arriving from Dubai was made. The petitioner stated when asked that he was not carrying any dutiable/contraband goods. On a search of the body of the petitioner, ten gold bars totally weighing 10 kilograms were found in his waist coat, overcoat and pockets. A statement under Section 108 of the Customs Act was recorded from the petitioner on 13.7.2015 and on 14.7.2015. The petitioner was arrested on 14.7.2015. The petitioner revealed in his statement under Section 108 of the Customs Act that the gold was provided to him at Dubai by Tharique Akbar Mohamed. The petitioner was expected to bring the gold to India and deliver the same to one Nibu Mathew Varghese, who was known to the petitioner earlier. In the statement, the petitioner stated that he had came to India on several occasions earlier carrying gold, that he was staying at various hotels on those occasions and that the gold was being collected from him by Nibu Mathew Varghese, who was engaged by Tharique Akbar Mohamed. It was revealed that the CCTV footages at various hotels would disclose the identity of Nibu Mathew Varghese. The grounds of detention states as follows:

(3.) It was alleged that the petitioner identified the photographs of Tharique Akbar Mohamed and Nibu Mathew Varghese. On an examination of the laptop belonging to the petitioner, various statements indicating the profit sharing out of the smuggling of gold were taken. These profit sharing statements would indicate that the petitioner had brought to India a total quantity of 113.39 kg of gold. It is alleged that the petitioner visited India on 21 occasions during the period from 27.6.2014 to 13.7.2015 and those visits were for the purpose of smuggling of gold.