J SICKANDER Vs. JOINT SECRETARY GOVT OF INDIA

JUDGEMENT

(1.) Petitioner herein challenges the detention order passed against him by first respondent dated 26-3-1996 under the provisions of S. 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter called as "COFEPOSA Act") whereby the petitioner was ordered to be detained with a view to preventing him from smuggling goods in future. In fact, this petition has become infructuous in so far as the detention is concerned. However, since the petitioner is likely to face action under the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 for confiscation of the currencies, the petitioner is interested in challenging the legality of the order.

(2.) Following facts would help in understanding the controversy :- The Department of Revenue Intelligence had some secret information and in pursuance of that two passengers viz., Nallaian Pargunam alias Joseph and his wife

(3.) In his recorded statement, the said Nallaian Pargunam alias Joseph admitted that he was living in Singapore as a temporary citizen for the past 15 years and he along with his second wife had come to India in January, 1996 to celebrate the marriage of his daughter and on 8-3-1996 they both met Shaikh Abdullah, who was known to him earlier, at his residence and had requested him to help them in getting confirmed air tickets to Singapore. Accordingly, the said Shaikh Abdullah had informed him on 9-3-1996 that he had arranged for confirmed air tickets through the detenu Sickander who was known to the said Shaikh Abdullah and it was only he who had borne the cost of the air tickets. He was also informed that in return for it he had to carry a suit- case given by the detenu-petitioner to Singapore for handing it over to a person at Singapore. The said Nallaian Pargunam alias Joseph agreed and without telling this to his wife, he went to the residence of the detenu on 10-3-1996 where he was told that a suitcase would be sent through Shukoor in a car and the car would arrive near the Big Masjid at Triplicane at 8-30 p.m. He was also asked to wait there and when he enquired as to what was the contents of the suitcase, the detenu had informed him that there were some silver