ABDUL RAFI SHABHANDARI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner is brother of the detenue and claims to be interested in the life, welfare and personal liberty of the detenue. He has challenged the order of detention No.PSA-1209/CR-29/SPL-3(A) dated 2nd April, 2009, passed by the respondent no.2 in exercise of powers conferred by Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974(52 of 1974)(hereinafter for short referred as "COFEPOSA Act"), ordering the detention of his brother i.e. detenue Tanveer and prayed for issuing a writ quashing and setting aside the same and directing that detenue be set at liberty, on the several grounds as set out in the petition. The prayer is opposed by the respondents by refuting the contentions taken by the petitioner vide affidavits-in-reply of respondent no.2 filed and affidavit of sponsoring authority.

(2.) The facts relevant to the said order of detention challenged are as under: It was brought to notice of detaining authority that on 1 st December, 2008 Officers of Air Intelligence Unit noticed detenue while his clearance through customs moving briskly and suspiciously in the Arrival hall of Module-2C, C.S.I. Airport, Mumbai with two pieces of checked in baggages and two pieces of hand baggages avoiding putting of baggages in screening machine placed in the green channel. He was stopped at exit gate. Scrutiny of his passport revealed his address as house no.71, Durganiwas, 4 th Cross Okkipuram, Banglore, Karnataka. Upon query regarding contents of baggages, he replied of carrying household goods and some watches. Not satisfied by the said answer, he was asked to open the shoulder bag. Upon opening the same was found containing large quantity of wrist watches. The other three baggages upon lifting were found to be exceptionally heavy. The detenue on questioning confirmed that all the said three baggages were containing wrist watches. Since examination of the same was not possible in baggage hall the detenue was escorted alongwith baggages to the A.I.U. Office departure 2C of C.S.I. Airport Mumbai for detailed examination, with panchas accompaning him. The examination effected in presence of panchas resulted in the recovery of 1496 pieces of assorted wrist watches of Titan brand, which were provisionally valued at Rs.14,96,000/- and were seized under panchanama.

(3.) Upon considering such material brought to the notice by Sponsoring Authority, vide proposal sent and after verifying the same and the further material called, the Detaining Authority arrived at subjective satisfaction that it was necessary to pass the order of detention for preventing detenue from smuggling goods in future and hence passed the impugned order of detention on 2 nd April 2009 and on the same day issued communication bearing No.PSA-1209/CR-29/SPL-3(A) dated 2/4/2009 containing the grounds of detention.