KIRTI KUMAR NARULLA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS petition is filed challenging the order of detention dated 18th January 2003 issued against the detenu rajinder Nirula under the provisions of Section 3 (1) of the conservation of Foreign Exchange and Prevention of Smuggling activities Act, 1974 (hereinafter referred to as "the cofeposa Act" ).

(2.) THE officers of the Directorate of Revenue Intelligence (DRI), Mumbai had, on receiving the information, kept watch over the activities of the passengers in transit lounge of cst Airport, Mumbai on the night of 31st. July 2002. The detenu who had to go to Ahmedabad. had come from Delhi to bombay by Indian Airlines flight. He was apprehended when he handed over foreign currency of 700. notes of US $ in denomination of 100 totaling to US $ 70,000 equivalent to Indian Rs. 35 lakhs along with four mobile phones to one tilak Raj Sharma in the transit lounge at Sahar Airport that night. The detenu had come from Delhi to Bombay by Indian airlines flight and was to go to Ahmedabad from Bombay by international flight. Both the detenu and the co-accused tilak. Raj Sharma, who was also later on detained, were arrested after their statements under Section 108 of the customs Act were recorded. The detenu had retracted his confessional' statement on 2/8/2002 when ,he was produced before the Magistrate to which rebuttal was filed by the DRI. The detenu Mas granted bail by the order dated 14/8/2002. The order of detention under Section 3 of the Cofeposa Act was issued against the detenu on 18/1/2003. After the steps were taken by the Detaining Authority under Section 7 of the cofeposa Act for securing his custody the detenu ultimately surrendered on 30th September 2003 when the order of detention, the grounds of detention including the documents relied on by the Detaining Authority were served on him. Before the detenu had surrendered on 30th September 2003 pursuant to the order of detention, show cause notice was issued on 24/1/2003 by the Department under Section 124 of the Customs Act which was contested by the detenu through his advocate. The detenu had filed reply dated 25/2/2003 to the show cause notice through his Advocate.

(3.) THE meeting of the Advisory Board constituted under the provisions of the Cofeposa Act had taken place on 6/11/2003 when the detenu was. personally present and was heard. by the advisory Board and at the time of meeting the detenu handed over his representation dated nil which was addressed to the advisory Board, the Detaining Authority and the State of maharashtra. After the report of the Advisory Board was sent to the Government, the State Government had confirmed the order of detention issued aginst the detenu.