RAMPURWALAH SHARAFAALI Vs. L HMINGLIANA

JUDGEMENT

(1.) THE purpose of enactment of Conservation of Foreign Exchange and Prevention of Smuggling Activities Act is to deal effectively with persons engaged in smuggling and foreign exchange racketering who, owing to their large resources and influence have been possing a serious threat to the economy and thereby to the security of the Nation. The enactment is preventive and not punitive. The provisions of preventive detention are extraordinary in nature. The detenue before us was detained under sub-section (1) of section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (in short COFEPOSA) by the Government of Maharashtra by its order dated 4-5-1989 at Annexure-I. The order was passed by Mr. L. Hmiglianna, Secretary (Preventive Detention), to the Government of Maharashtra, Home Department and Detaining Authority, who authenticated the said order on behalf of the State Government. The impugned order has been made with a view to prevent the detenu from engaging in smuggling activities.

(2.) BY this petition, the detention has been challenged on certain grounds. Shri S. A. Jaiswal, learned Counsel appearing for the detenue submitted that before a person is detained, he is to be given an opportunity of hearing and representing his case. The object of the enactment is that the freedom of the people from lawlessness, tyranny and oppressions has to be zealously guarded.

(3.) FACTS, as emerged, are that on 10-6-88, the Customs Officers, on suspicion intercepted the petitioner at Sahar Airport, Bombay, after the arrival of Expirate Flight No. EK 500 from Dubai to Bombay. The personal search was conducted in the presence of two panchas which resulted in the recovery of 9 gold bars, each weighing 10 Tolas. All the gold bars were of foreign markings. These 9 gold bars were found concealed in a specially made cloth belt tied around the waist of the petitioner. In all, the 9 gold bars weighed 1049. 40 grams and were valued at Rs. 1,94,139 (IMV) and Rs. 3,37,906. 80 (LMV ). The bars were seized by the Customs Officers under the Customs Act.