KAKKOVAYAL KUHBI HAMJA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE petitioner has challenged in this writ petition his order of detention issued by the Secretary, (Preventive Detention) to the Government of Maharashtra, Home Department and Detaining Authority under section 3 (1) of the Conservation of Foreign Exchange and prevention of Smuggling Activities Act, 1974 (for short "the COFEPOSA Act" ).

(2.) THE facts leading to the detention of the petitioner are that on 13-6-1990, the petitioner who came to Bombay from Dubai by Air India Flight No. AI-732 was intercepted by the Customs Officers at counter No. 3, Baggage Arrival Hall, Modula II of Sahar Airport, Bombay. The petitioner had three bags with him, two zipper bags one of maroon colour and another of blue-yellow colour and one shopping bag. On search of his baggage the officers recovered eight gold pieces totally weighing 3140 gms. valued at Rs. 6,90,800/- I. M. V. and Rs. 10,58,180/- L. M. V. Out of these eight gold pieces, seven gold pieces were inside the zipper bag in the form of spanners coated with metallic paint totally weighing 1160 gms and one was in the form of metallic mould inside in Electric iron. All these eight gold piece were seized under panchanama dated 13-6-1990 under provisions of Customs Act, 1962.

(3.) THE statement of the petitioner was recorded on the same day i. e. 13-6-1990 under section 108 of the Customs Act, 1962 and he was arrested on the same day for an offence of non-declaration of gold punishable under the Customs Act, 1962. He was also granted bail, but he did not avail of the same.