SATIF IQBAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard. Perused the record.

(2.) The petitioner has challenged the order of detention dated 20-4-2004 passed under Sec. 3 (1) of the Conservation of Foreign exchange and Prevention of Smuggling activities Act, 1974 (hereinafter referred to as the "cofeposa") by the respondent no. 2 - the detaining authority, against one iqbal Yusuf Suleman, husband of the petitioner.

(3.) The facts leading to the detention of said Iqbal are that - upon 5-2-2004 at about 17. 00 hrs. said iqbal was scheduled to travel by Oman Air flight No. WY-0808 to Dubai via Muscat. Pursuant to the intelligence report received by the officers of Directorate of Revenue intelligence (DRI) , Mumbai, Zonal Unit, said iqbal would be carrying huge quantity of foreign currency concealed in his baggage and would be trying to smuggle the same out of india without declaration in respect thereof to the Custom authorities, surveillance was maintained on the departure side of Module 2a, CSI Airport, Sahar, Mumbai. At about 16.45 hrs. , the D. R. I. Officers noticed Iqbal carrying one medium size black coloured trolley bag and a black coloured pouch, at which time he was intercepted by the officers. At that time, Iqbal was about to climb the step ladder connected to the aircraft to board the said flight. Initially he denied about carrying any contraband goods, but on persistent questioning by the officers, he admitted that he was carrying some foreign currency in his hand baggage without declaration to the customs authorities. Panchas were called to witness the proceeding while he was escorted to the office of the Rest Room of Custom officers situated on the 1st floor, Module 2a, c. S. I. Airport, Sahar, Mumbai and in the course of examination of the trolley bag, one brown coloured polythene packet wrapped with cellophane tapes was found therein and on tearing open the said cellophane tape, one bundle of assorted foreign currency containing uae Dirham 1,34,000/- and Quatari Riyals 7000 of different denominations as described in the grounds in support of the detention order, were recovered which were of the value equivalent to Rs. 17,98,900/- and the same were seized by the officers under the provisions of the Customs Act, 1962. The statement of Iqbal was recorded on 6-2-2004 and Sec. 108 of the Customs Act, 1964. It was followed by search of residential premises of iqbal at 101, Bhandari Street, Kathawala bldg. , 1st floor, Room No. 09, Mumbai - 400 003. Apart from initial statement, further statements were recorded under Sec. 108 of the Customs Act of Iqbal upon 12-2-2004 as well as 25-2-2004. Various statements of other persons were also recorded in the course of investigation. After considering the materials collected in the course of the investigation, the sponsoring authority prepared the proposal for taking preventive action against Iqbal and forwarded the same to the detaining authority upon 22-3-2004. After going through the procedural requirements and the Deputy Secretary having endorsed the proposal, the detention order came to be passed on 20-4-3004. It was served upon Iqbal on 21-4-2004 alongwith the accompanying documents.