ANIL KESARINATH PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BY this petition the petitioner has challenged the detention of his cousin by name Sandeep P. Patil under the provisions of the COFEPOSA Act. The impugned order of detention annexed as Annexure A to the petition was issued by the respondent No. 2 on 2nd March 1996 under section 3 (1) of the COFEPOSA Act. The said order was served on the detenu on 27th August 1996. The respondent No. 2, the Detaining Authority had also recorded the grounds of detention dated 2nd March 1996 which are annexed as Annexure B to the petition and were served on the detenu along with the order of detention on 27th August 1996.

(2.) THE brief facts leading to the issue of the order of detention are as follows : on 27th September 1995 the Officers of the Air Intelligence Unit, Sahar International Airport, Mumbai intercepted the detenu in Module I in the arrival hall after he had cleared the customs. The detenu had arrived from Hongkong on Cathey Pacific flight. When the detenu was questioned whether he was carrying any gold or other contraband, he replied in the negative. On the personal search of the detenu a zipper pouch was found in the right side watch pocket of his trousers. From the said pouch 20 gold bars of 10 tolas each with foreign markings were recovered which were valued at Rs. 9,33,120/- I. M. V. and Rs. 11,33,040/- L. M. V. They were seized under a panchanama. On further search there was recovery of US $ 2500 and miscellaneous goods valued at Rs. 5,100/- which were returned to the detenu. The statements of the detenu were recorded on the same date i. e. 27-9-1995 and also subsequently on 9-10-1995. In his statement the detenu stated that he was a jewellery designer and a pattern maker by profession and he used to travel to Dubai, Bangkok, Hongkong and Singapore for promoting his business. He admitted that the gold bars were his own and he had purchased the jewellery from Dubai and carried the same to Hongkong where he sold the jewellery and purchased the gold bars. On 28th September 1995 the residence of the detenus parents was searched but nothing incriminating was found. On the search of the detenus residence on 28th September 1995 also there was nothing incriminating found. The detenu was arrested on 28th September 1995 and was ordered to be released on bail on certain conditions by the Chief Metropolitan Magistrate at Esplanade Court, Mumbai. The detenu availed of the bail on 29th September 1995. On 23-12-1995 the detenu addressed a letter to the Collector of Customs stating that he was falsely implicated in the case and that he had brought the gold within the permissible limits and was prepared to pay the customs duty. The said letter was replied to by the Customs Authorities on 13-12-1995 denying the statements made in his letter. The list of documents relied on by the Detaining Authority is annexed as Annexure C to the petition.

(3.) ON 17th November 1995 the detenu had applied to the Court of Additional Chief Metropolitan Magistrate, 3rd Court at Esplanade, Bombay for return of the passport in order to enable him to travel abroad to Dubai, Hongkong and Bangkok for business purpose. The said application was granted by the order dated 19th December 1995 on certain conditions directing the detenu to execute a fresh bond in the sum of Rs. 1,00,000/- with one surety in the like amount or cash deposit of Rs. 1,00,000/- in lieu of surety by way of additional security and on the condition that he should not visit any place except Dubai, Hongkong. Bangkok and Singapore. He was also directed to give previous notice in writing to the Customs Department about his flight details and his address abroad. He was directed to surrender his passport on his return to India. He was directed to return to India on or before 16th January 1996 and appear before the said Court on 16th January 1996. Although he was permitted to go abroad the detenu does not seem to have availed of the said permission. The said application for return of the passport and the permission to go abroad dated 17th November 1995 is annexed as Annexure D to the petition along with the order thereon. The petitioner has also annexed the letters/representations made by the detenu on 4-1-1996 and 29-1-1996 addressed to the Home Minister, Government of Maharashtra with a copy to the respondent No. 2 as Annexures E and F respectively pointing out therein that he had not contravened the provisions of the Customs Act and that there was no reason to take any steps against him for his detention under the provisions of COFEPOSA Act.