MOHAN CHHATURMAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE petitioner who is the uncle of detenu, has challenged in this writ petition the order of detention passed against the detenu Sushil Kumar purshottarmdas Daryani. The said order of detention dated 5th April, 2003 has been issued under s. 3 (1) of the Conservation of Foreign Exchange and prevention of Smuggling Activities Act, 1974 (hereinafter referred to as the "c. O. F. E. P. O. S. A. Act) by the Principal Secretary (Preventive Detention) to the Government of Maharashtra, Home Department, Mumbai and detaining authority.

(2.) THE facts leading to the detention of the detenu are that : on 6th January, 2003 the detenu was proceeding to Dubai by Air India flight No. AI-729. On account of suspicion, the detenu was questioned by the Customs authorities whether he was carrying any contraband items to which he replied in the negative. Thereafter, the detenu was brought back to the Customs Enclosure at the departure area for personal search and examination of his checked in baggage. Two panch witnesses were called and again detenu was questioned whether he was carrying any currency or contraband to which, he replied in the negative. The personal search of the detenu did not yield anything. However, on search of the checked in baggage, in his suitcase US$ 15,000/- equivalent to Rs. 7,06,500/- was found concealed in two trousers. Thereafter, the statement of detenu came to be recorded under s. 108 of the Customs Act, 1962 and he came to be arrested. Thereafter, the detenu filed an application for bail and he came to be granted bail by an order dated 8th January, 2003. Thereafter, the papers pertaining to the detenu were forwarded to the detaining authority and on 5th April, 2003 the order of detention under s. 3 (1) of the C. O. F. E. P. O. S. A. Act, came to be issued against the detenu with a view to preventing the detenu in future from smuggling goods and acting in a manner prejudicial to the conservation of foreign exchange.

(3.) THE order of detention and the grounds of detention both dated 5th april, 2003 came to be served upon the detenu on 28th April, 2003 along with accompanying documents.