ANIL KUMAR CHAWLA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE petitioner is challenging the order of detention which is passed by the Detaining Authority under the provisions of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 ("cofeposa ACT" for short) dated 29th November, 2002 which was served on the detenu on the 9-12-2002. A copy of grounds of detention, as also the copy of the list of documents were served on the detenu. This petition has been filed by the brother-in-law of the detenu.

(2.) THE detenu Shri Tilak Raj Sharma was detained pursuant to the order dated 29th November, 2002 and the detention order states that this was done with a view to preventing him in future from smuggling goods.

(3.) FEW facts relevant for the purpose of deciding the present petition are as follows: the detenu is non-resident of India but he is also a national and citizen of India. In the grounds of detention which was served on the detenu it is mentioned by the Detaining Authority that on the night of 31 st July, 2002 the detenu was at the Chatrapati Shivaji International Airport, Mumbai and one shri Rajinder Nirula was handing over the foreign currency to the detenu at the transit lounge. Both of them were intercepted by the D. R. I. Officers on 1-8-2002 at 00. 30 hrs. and Foreign Currency of U. S. dollar in denomination of 100 x 700 Notes which is of 70,000 US dollars equivalent to Indian currency being Rs. 35,00,000/ -. Along with it, four mobile phones were recovered before the panchas. On the basis of this solitary incident the order of detention was passed against the detenu as also against co-accused Rajinder Nirula who had handed over the currency to the detenu.