ABDULLA Vs. STATE OF KERALA

JUDGEMENT

(1.) IN this Original Petition, the petitioner, who is the father of Sri. K. A. Ibrahim @ K. Abdulla Ibrahim @ Kadamparambathu Abdulla ibrahim, detenu No. 1030 in the Central Prison, Trivandrum, challenges Ext. P1 and Ext. P5 orders passed by the 1st respondent under S. 3 (1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as 'the Act') and prays for issue of a writ of habeas corpus directing respondents 1 and 2 to produce the detenue and set him at liberty.

(2.) THE facts leading to the filing of this Original petition may briefly be stated as follows: On 14-7-198 8 , the detenue landed at Trivandrum Airport by Air India Flight No. AI-936 from Dubai . After immigration clearance, he was marked to Counter No. 19 for Customs Clearance and while he was waiting at the said counter, he was intercepted by a Customs intelligence Officer under the belief that he had concealed contraband gold in his baggage. Customs Intelligence Superintendent examined two of his baggages at counter No. 10 in the presence of witnesses. THE detenue was found to possess a cancelled Indian Passport bearing No. K. 892232 and a valid Indian passport bearing No. B. 064879. He was also in possession of an Air Ticket, which he used for his travel from Dubai to Trivandrum. His baggages consisted of a card-board carton with the markings 'yenmade cloths washing machine WA-410 green 220-240v 50 HZ (2 Prong Plug)' on which the Air India baggage tag No. TRV ai 033955 was found stuck and a small yellow air bag, which he brought as his cabin baggage. He declared a washing machine, 2 sarees, 5 meters of textiles, 2 audio cassettes, 1 bottle liquor, 1 carton of cigarette and some cosmetics and toilet requisites. THE Intelligence Officer asked him whether he had concealed any gold, gold ornaments or other valuable goods in his baggage, for which he replied in the negative. THEreupon, the Intelligence Officer opened and examined his two pieces of baggages and found nothing in excess of what he declared. But on suspicion that gold was concealed in the cardboard carton containing the 'yenmade' washing machine, the carton was examined in detail, and on tearing off the brown coloured plain paper seen at the bottom portion of the inner side of the cardboard carton, 15 gold rods were found concealed. THE customs Intelligence Superintendent summoned a licensed gold dealer who certified that all the 15 gold rods were of 24 carat purity, that they totally weighed 1747. 5 gms. and that they valued Rs. 5,24,250/ -. THEy were seized by the superintendent under reasonable belief that they were smuggled to India and were liable for confiscation under the provisions of the Customs Act, 1962, foreign Exchange Regulation Act, 1973 and Import and Export Trade (Control)Act, 1947.

(3.) IN this Original Petition, learned counsel for the petitioner challenged in Ext. P1 and P5 orders on the following grounds:- (1)Ext. P1 order was passed by the j detaining authority after a long delay; (2)there is no scope for any reasonable j apprehension of the detenu's continued involvement in smuggling activities; and (3) the detaining authority has not applied its mind to relevant materials and documents before passing Ext. P1 and p5 orders.