SHAIKH MOHAMMED SAEED KARAMATULLAH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS petition seeks to quash and set aside the order of detention dated 30th Januaty 2002 directing the detention of one Salim Mirza under the provision of Conservation of Foreign Exchange and prevention of Smuggling Activities Act, 1974 (herein after referred to as "cofeposa" ). the 2nd respondent to this petition is the then Secretary to the Goverment of Maharashtra. Home Department, In-charge of Preventive Detention, who has issued the impugned dotention order and has filed her affidavit in reply to justify the detention. The Petitioner claims to be 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 8th June 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 judicated the presence of some heavy metal. Detaoled examination in the presence of panchas. resulted in recovery of some 87 mercury quoted goid pieces weighing in all 1 kg. and 693 gms. The gold was valued at Rs. 7,27,990/- at the Local Maney Value. The gold was found concealed in household item.

(3.) THE statement of Salim Mirza was recorded by the Custom 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 gran d bail on 18th June 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 200z for indulging into smuggling activities. However, the same could. be served only on 13th March 2003. The said Mirza is in detention thereafter.