MABELARANAH NIRANJAN PUTHRAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner is the wife of one Niranjan Puthran (for short, "the detenu"), who is detained under order of detention dated 16/8/2006 issued by respondent 2, the Principal Secretary, (Appeals & Security), Home Department, Government of Maharashtra under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short, "the COFEPOSA Act") with a view to preventing him in future from smuggling goods. The order of detention along with the grounds of detention and the material in support thereof was served on the detenu on 2/11/2006.

(2.) Admittedly, the detenu is a Custom House Agent. The grounds of detention indicate that based on a specific intelligence that two import consignments in the name of M/s. Orbit International (IEC No. 0392022320) and M/s. Drashti Overseas (IEC No. 0300007442) which have arrived in Mumbai on board Cathay Pacific Airlines on 18/19th February, 2006 and which have been declared to contain 'plastic parts of toys' are actually containing analog watch movements. The officers of DRI, Mumbai, traced the two consignments which had arrived at Air Cargo Complex, Sahar, Mumbai, under IGM No. 2072/06 dated 18/2/2006 vide HAWB 162151 in the name of M/s. Orbit International and HAWB 162152 in the name of M/s. Drashti Overseas and detained the same on 20/2/2006 for detailed examination. The said two consignments covered under B/E No. 546584 dated 20/2/2006 of M/s. Orbit International and B/E No. 546586 dated 20/2/2006 of M/s. Drashti Overseas were examined on 21/2/2006, in detenu's presence as CHA of M/s. Swastik Shipping Agency and Shri M.S. Rawat, Asstt. Security Manager, Airports Authority of India (AAI). The said two consignments were declared to contain 'plastic parts of toys'and on examination the same were revealed to actually contain 400000 pieces of analog watch movements. The said two consignments totally containing 400000 analog watch movements, valued at approximate Rs. 68,00,000/( IMV) were seized.

(3.) During the course of investigation, number of statements came to be recorded. The statements of the detenu revealed the role played by him. It appears to be the case of the detaining authority that the above consignments were imported by one Umesh Shetty. The Import Export Code of M/s. Orbit International and M/s. Drashti Overseas is in the name of one Yogesh Merchant. Umesh Shetty was introduced to the detenu at Sahar Air Cargo by one NRI Mohan. Umesh Shetty told the detenu that he was planning to import analog watch movements by mis-declaring the same as parts of plastic toys in the import documents and he told the detenu to manage the clearance of the same. Umesh Shetty also told him to arrange for Import Export Code. The detenu knew that Yogesh Merchant had two Import Export Codes. The detenu offered those Codes to Umesh Shetty for importing the consignments of analog watch movements and Umesh Shetty agreed for the same. Umesh Shetty agreed to give Rs. 1 lac to the detenu. According to the detaining authority, on the basis of the said Codes, the consignments were imported. On the basis of the material placed before the detaining authority, the detaining authority was satisfied that the detenu had actually participated in the acts of smuggling of goods. She was satisfied that unless detained, the detenu will continue to indulge in similar activities in future and, therefore, she issued the impugned order of detention. In the petition, the said order is under challenge.