SHAIKH MOHAMMED SAEED KARAMATULLAH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS petition seeks to quash and set aside the order of detention dated 30th January, 2002 directing the detention of one Salim mirza under the provisions of Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as "cofeposa" ). The 2nd respondent to this petition is the then Secretary to the Government of Maharashtra, Home Department, Incharge of Preventive Detention, who has issued the impugned detention order and has filed her affidavit in reply to justify the detention. The petitioner claims to be the next friend of the detenu.

(2.) THE facts leading to the impugned detention order are as follows :--The aforesaid Salim Mirza arrived at the International Airport at Mumbai on 8/06/2001 from Dubai. He opted for the red channel and declared goods worth Rs. 19. 600/ -. Scrutiny of his passport revealed that he had made five prior visits abroad and all to Dubai during the last two months. That led to suspicion and therefore his baggage was screened. At the time of screening, some very dark patches were seen which indicated the presence of some heavy metal. Detailed examination in the presence of ponchos resulted in recovery of some 87 mercury quoted gold pieces weighing in all 1 kg. and 693 gms. The gold was valued at Rs. 7,27,990/- at the local money value. The gold was found concealed in household items.

(3.) THE statement of Salim Mirza was recorded by the Customs Authorities on the very day under section 108 of the Customs Act, 1962 wherein he is reported to have admitted the concealment, possession and recovery of the gold under seizure. He was therefore arrested and subsequently produced before the concerned Magistrate when he was granted bail on 18/06/2001 on filing personal bond and a security bond of Rs. 1,50,000/- without any further condition attached. This Salim Mirza is supposed to be a resident of Delhi. The order of detention was issued under COFEPOSA on 30th January, 2002 for indulging into smuggling activities. However, the same could be served only on 13th March, 2003. The said Mirza is in detention thereafter.