SHAMSHER SINGH BALWINDER Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Writ Petition, under Article 226 of the Constitution of India, takes exception to the detention order passed by the Principal Secretary (Appeals and Security), Government of Maharashtra, Home Department and Detaining Authority dated 23rd December, 2010 against the petitioner's father Shri Balwinder Singh (the detenu) in exercise of powers under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, (hereinafter referred to as "the COFEPOSA Act"), with a view to prevent the detenu in future from smuggling the goods.

(2.) The detenu was arrested by the officials of the Customs Department on 21st March, 2010 when he was found to be in possession of 6000 Micro SD Memory cards of 2 GB capacity. These foreign origin memory cards were valued at Rs.12,00,000 (CIF) (provisionally) and Rs.18,60,000/- (LMV) (provisionally). While he arrived by Air India Flight No.AI-315 as domestic passenger from Delhi to Mumbai, the goods were seized by the officers. The petitioner, however, was granted bail by the Metropolitan Magistrate when he was produced on the next date i.e. on 22nd March, 2010 in connection with the said offence. The petitioner availed of the bail on 29th March, 2010. While he was in police custody, statement under Section 108 of the Customs Act was recorded. Even after being released on bail, further statement under Section 108 of the Customs Act of the detenu as well as the co-accused came to be recorded by the officials of the Customs Department.

(3.) It is, however, only on 14th June, 2010, proposal to detain the said Shri Balwinder Singh (the detenu) was forwarded by the Sponsoring Authority, which in the first place, was placed for approval before the Commissioner (AP). The Commissioner (AP) approved the proposal on 22nd July, 2010. Thereafter the proposal was placed before the Screening Committee on 28th July, 2010. The same was approved by the Screening Committee on 11th August, 2011. After approval of the Screening Committee, the proposal was placed before the Detaining Authority for consideration on 27th August, 2010. The detention order, however, was passed on 23rd December, 2010, which was eventually served on the detenu. The detenu came to be arrested sometime in April, 2011 and was sent to Nasik Road Central Prison by the Executing Authority.