EMBICHA BAWA BASHEER AHMED Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD both the learned Counsel.

(2.) THIS is a petition by the detenu himself challenging the order dated 30th May, 1995 passed by the detaining authority, viz. , Principal Secretary to the Government of Maharashtra, Home Department (Preventive Detention) in exercise of his powers under sub-section (i) of section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short COFEPOSA ). The detenu has been ordered to be detained for a period of one year with a view to preventing him from abetting the smuggling of goods. The brief facts relevant for deciding the only contention raised before us are as under :

(3.) ON 17th January, 1995, the Air Intelligence Unit, Bombay Customs at Sahar Airport, Bombay intercepted a passenger named Smt. Naseema Beevi Subair at the check-in-counter of Gulf Airlines, Module I, NIPT Sahar Airport, Bombay. She had checked in with one card board carton with baggage identification tag No. GP. 352615 and she was in possession of the counterfoil of the said baggage identification tag and Indian Passport as also her Gulf Airlines ticket from Bombay to Muscat. She was questioned in the presence of two panchas. The carton in her possession was opened. It was found to contain some boxes containing sweets but foreign currency was found concealed under the sweets. In all the boxes of sweets, foreign currency so concealed was amounting to Rs. 58,08,061. 50. As mentioned in the panchanama, the foreign currency of different countries like U. S. dollars, Saudi Riyals, UAE dirhams, Oman Riyals, Kuwait Dinar and Behrain Dinar etc. was found. The residential premises of the said passenger Naseema Beevi were searched. Her statement was recorded on 17th January, 1995. Para 8 of the grounds of detention refer to the statement of Naseema Beevi recorded on 17th January, 1995 which statement specifically implicates the detenu. He had arranged for her VISSA and house for her in Muscat. She had been to Sahar Airport on 17th January, 1995 with the detenu and another person. The detenu is alleged to have given her carton containing sweets and foreign currency to be carried to Muscat and handed over to an Arab who was to meet her at Muscat Air Port. Then, there is a reference to the statement of Naseema Beevi in para 9 of the grounds of detention referring to Naseema knowing a girl named Amby who had stayed in the room of the detenu.