AMINA AKBAR ANSARI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE petitioner here is the mother of one Mohamed Akbar Ansari (hereinafter referred to as the detenu ). The petitioner-mother challenges the order dated October 4, 1990 passed by the Secretary (Preventive Detention) to the Government of Maharashtra, Home Department and detaining authority (hereinafter referred to as the first respondent) by which the detenue was detained under sub-section (1) of section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 with a view to preventing him from smuggling goods.

(2.) THE relevant facts on which the detention order was based are that on April 22, 1990 the customs officers of Air Intelligence Unit intercepted the detenu inside the arrival hall of Sahar Airport when he had earlier arrived from Dubai by Air India flight No. Al 710 and had been cleared through walk-through channel and was moving towards the exist gate. The detenu had one grey black colour Ocean zipper suit case, one maroon colour crown brief case and one carton as his baggage.

(3.) THE customs officers called two panchas in whose presence they checked the carton carried by the detenu. One gas table was found inside the carton and two burners were found to contain arch shaped pieces of moulinex mixer. The customs officers unscrewed the motor of the mixer and found inside two arch shaped pieces of gold. The weight of all the six pieces was found to be 1120 gms. The customs officers seized the six pieces of gold valued at Rs. 2,46,400/- and Rs. 3,83,040/- under a panchanama under the provisions of the Customs Act.