ZARINA NAFEES HYDER RIZVI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) S By this petition preferred under Article 226 of the Constitution of India, the petitioner who is the mother of the detenu sayed Annees Hyder Rizvi @ Anees Hyder Ali, seeks to impugn the detention order dated 4-12-1997 passed by the 2nd respondent - Mr. G. S. Sandhu, secretary to the Government of Maharashtra, Home department (Preventive Detention), Mantralaya, mumbai, detaining the detenu under section 3 (1) of the Conservation of Foreign Exchange and prevention of Smuggling Activities Act, 1974 (52 of 1974), hereinafter referred to as the COFEPOSA act.

(2.) THE detention order dated 4-12-1997 along with the grounds of detention bearing the same date was served on the detenu on 7-2-1998.

(3.) THE prejudicial activities of the detenu necessitating the issuance of the detention order as contained in the grounds of detention, in brief, are as under : On 7-4-1997, the Security Officers posted at the departure No. 10 of Sahar International airport, Mumbai, were clearing passengers after security check for boarding flight of Singapore airlines SQ 421 scheduled to depart at 10. 35 p. m. At 10. 30 p. m. the detenu approached the security for clearance. The hand bag which he was carrying was put on X-ray machine for screening. After completing the formalities connected with the security check-up, he approached the X-ray machine to collect the same. The officers who found his movements to be suspicious enquired about the contents of hand bag. Ultimately, on examining it, they found four boxes of sweets inside it. They found in the said boxes US $ 6,00,000 equivalent to Rs. 2,25,30,000. On the person of detenu they found Singapore $ 102 equivalent to Rs. 2,600. Since the detenu did not have the required legal documents, the said currency was seized. On 8-4-1997 and 9-4-1997, his statement under section 108 of the Customs Act was recorded. He was further interrogated under the said provision on 21-4-1997. In the said statement he stated that four boxes of sweet were given to him to be carried to singapore and the US Dollars seized were concealed in them. A perusal of the grounds of detention also shows that the detenu was apprised of his right of making representation to the various authorities.