NASEEM AHMED SHAIKH Vs. CHANDRA IYENGAR

JUDGEMENT

(1.) THE petitioner is the wife of Ahmed Abdul Shaikh. The said Shaikh (for convenience, "the detenu") has been detained under the order of detention dated 1/4/2006 under the provisions of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short, "the COFEPOSA") with a view to preventing him from smuggling goods. The said order has been issued by respondent 1, who is the Principal Secretary (Appeals and Security) Government of Maharashtra, Home Department and the detaining authority. In this petition, the petitioner has challenged the said order.

(2.) THE order of detention along with grounds of detention and the material in support thereof, was served on the detenu on 10/4/2006. In short, it is the case of respondent 1 that the detenu habitually indulges in smuggling of Indian and Foreign currencies and other dutiable goods out of India and smuggling of dutiable goods into India. On 8/10/2005, he was intercepted at Module 2A Departure Hall, Chatrapati Shivaji International Airport, Sahar, Mumbai on his departure from Mumbai to Dubai via Karachi when he was proceeding to transit longue after passing through immigration and Customs to board Pakistan Airlines Flight No.PK 275. Search of his handbag and baggage resulted in the recovery of Foreign currency of US $ 5,000.00 and Indian currency of Rs.1,17,000.00. Examination of his checked in baggage consisting of one zipper bag resulted in the recovery of one packet containing diamonds totally weighing 48.75 carats provisionally valued at Rs.3,29,270.00.

(3.) CONSIDERING the nature of prejudicial activities, the detaining authority was satisfied that unless the detenu is preventively detained, he was likely to continue to engage in similar prejudicial activities in future and, therefore, it is necessary to detain him under the COFEPOSA with a view to preventing him in future from smuggling goods. She, therefore, issued the impugned order of detention.